MEHAR SINGH MANHAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition has been filed against Annexures P 3, P 5 and P 8, dated 14.7.1998, 14.3.2000 and 2.6.1999, respectively.

(2.) THE brief facts necessary for adjudication of this petition are that the petitioner was recruited as Sepoy in the Indian Army on 8.4.1980. Initially, the petitioner was recruited in the Punjab Regiment, but subsequently he was shifted to Intelligence Corps. He was promoted to the rank of Naik on 1.1.1988 and was subsequently promoted to the rank of Havaldar on 1.1.1991. The petitioner was posted to Field Security Company, 8, Mountain Division with effect from 14.1.1997. He was sent to perform his duties with 53 Infantry Brigade. The petitioner was charged under Section 41(1) of the Army Act, 1950 for the alleged misconduct as reproduced below: He at field, on 1 June, 98, when ordered by IC 41475Y Maj NK Airy BM HQ 53 Inf Bde not to proceed on any operation since there were orders from HQ 28 Inf Div to this effect to which he replied that "Main yahan par roti todne ke liye nahi hun aur mein to operation par jaunga" words to that effect and proceeded for the operation.

(3.) FEELING aggrieved by the imposition of penalty of reduction to the ranks, the petitioner filed petition/appeal on 10th December, 1998. The appeal preferred by the petitioner was not decided which led to the filing of reminder by the petitioner on 13th October, 1999 vide Annexure P 4. The appeal preferred by the petitioner was rejected by the Chief of the Army Staff vide Annexure P 5 on 14th March, 2000. The petitioner was discharged from the Army on 2nd June, 1999 before the decision of his appeal vide Annexure P 8.