CHUNI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner enrolled in EME Corps of Indian Army on 6th August, 1986, has been dismissed from service vide order dated 16th August, 2001 on the charge of unauthorized absence. The Petitioner through medium of instant writ petition, throws challenge to his dismissal.

(2.) Before summarizing the grounds of challenge, it would be appropriate to take a bird's eye view of background facts.

(3.) The Petitioner when posted with 628 EME Bn at Kupwara (Kashmir) was on 8th May, 2001 asked to attend the Upg Course VM (MV CI-1) commencing from 14th May, 2001 at 3 EME Centre Bhopal. The Petitioner after the Movement Order was issued on 8th May, 2001 left Kupwara on his way to Bhopal, but on reaching Jammu, instead of proceedings to Bhopal, went to his native village in District Rajouri, to meet his family and thus, was not able to make it in time to Bhopal. The Petitioner reached Bhopal on 19th May, 2001, but was not allowed to enter premises of 3 EME Centre Bhopal and had to return back. The Petitioner reported to the Transit Camp of Jammu on 16th June, 2001 and reached his Battalion i.e. 628 EME Bn stationed at Kupwara on 20th June, 2001. The Authorities, however, did not permit the Petitioner to enter the battalion premises and the Petitioner was asked to report to EME Depot Bn. at Secunderabad, where the Petitioner reported on 6th July, 2001. The Petitioner was served a tentative charge-sheet followed by recording of Summary of Evidence, whereafter the Petitioner was ordered to be tried by Summary Court Martial. The Summary Court Martial was held on 16th August, 2001. The Petitioner according to Respondents pleaded guilty to the charge and was, vide impugned order, awarded the punishment of dismissal from service.