SUSHIL KUMAR PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner was enrolled in Army on 26th November 1997 and on completion of his training at Bihar Regiment Center, was on 9th of November 1998 allotted to 1 ?Battalion Bihar Regiment (1-Bihar hereafter).

(2.) On 29th May 1998 Sepoy Arvind Kumar Panday 4276328N of 1 Bihar, died in action during operation VIJAY in Battalic Sector, Kargil. The deceased Sepoy belonged the village wherefrom the Petitioner hails. The Petitioner was accordingly asked by his superior officers to escort dead body of deceased, Sepoy Arvind Kumar Panday to his village. The Petitioner on 30th May 1999 left his Regimental Headquarter with the dead body of Sepoy Arvind Kumar Panday for village Chaita, Tehsil Ujdajarpur, District Samastipur, Bihar. The dead body was handed over to the parents of the deceased Sepoy. However the Petitioner instead of returning to his Regimental Center, stayed back and reported to Transit Camp Jammu on 14.07.1999 and thereafter to his Regimental Center at on 22nd July 1999. The Petitioner thus instead of reporting to duty after handing over dead body of the deceased Sepoy, remained unauthorisedly absent from duty for about one and a half month. The authorities, on his return served charge sheet on the Petitioner on 23.07.1999, convened a Summary Court Martial on 26.07.1999 and dismissed the Petitioner from the service under Section 39-A Army Act.

(3.) The Summary Court Martial order dated 26.07.1999 is questioned in the present writ petition on the following grounds: