AMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India, praying for an order quashing Annexure CH pertaining to proceedings on a plea of guilty leading to dismissal of the petitioner from service on 12 -9 -1986 on the findings of Summary Court Martial, Annexures ˜N and N -lf whereby the petition dated 14 -10 -1986 of the petitioner against the findings and sentence of Summary Court Martial was rejected after due consideration by the Central Government. The criminal proceedings and the order of punishment are questioned on various grounds.

(2.) It is mainly contended by Sh A. K. Goel learned Counsel for the petitioner that the composition of the Summary Court Martial has not been constituted in accordance with section 130 read with 115 of the Army Act. The next submission is that the recording of plea of guilty was irregular and illegal as the same was not in conformity with Rule 52. The further submission is that the rejection of his petition against the findings and sentence of the Summary Court Martial vide Arnexures ˜N and ˜N -l was without application of mind by the concerned authorities.

(4.) Respondent No. 1 is the Secretary, Ministry of Defence of the Union of India. Respondent No. 2 is the Chief of the Army Staff, Army Headquarters, New Delhi and Respondent No. 3 is Colonel M, S Chauhan of 17 Mountain Division, Signal Regiment C/O 99 A P.O. who deal with proceedings as Presiding Officer, Summary Court Martial.