LAKH NARAYAN KARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present application has been filed for quashing the order dated 6-9-1983, contained in Annexure-8, passed by the Commanding Officer, 19-Vayu Raksha Regiment (respondent No. 5), by which he has sentenced the petitioner to suffer rigorous imprisonment for four months by confinment in a civil prison and dismissed him from the service in a sumary court-martial proceeding as well as the order dated 16th December, 1983 passed by the GOC-in-C, HQ Northern Command, rejecting the 'petition filed by the petitioner against the aforesaid imposition of the penalty.

(2.) The petitioner was appointed as a Gunner (Clerk-General Duties) in the Air Defence Regiment in the Indian Army. He took annual leave for 60 days in the month of January-February, 1983, and came to his village home at Bankatti, District Madhubani, and over stayed the leave upto first week of April, 1983. Thereafter, he joined his duty. The Commanding Officer on production of medical certificate regularised his leave exceeding 60 days according to the relevant rules of the Army. Again the petitioner came to his village home on 13 days casual leave from 5th June, 1983 and again over stayed and joined his duty on 3rd July, 1983. This time the Commanding Officer did not regularise his leave, on the other hand, sentenced him to undergo for an imprisonment for 28 days for committing the offence under Section 39 of the Army Act, which provides punishment for a person who over stays the leave granted to him without sufficient cause.

(3.) While the petitioner was undergoing an imprisonment in Military Custody the petitioner refused to obey the order of the Superior Officer. The allegation against the petitioner is that he refused to turn out and carry out the prescribed duty of prisoner. Accordingly, summary Court- martial proceeding was initiated against the petitioner, charge-sheet dated 23-8-1983 (Annexure-3) was served upon the petitioner and summary of evidence was recorded in presence of the petitioner.