BALWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks quashment of order dated 29/04/1985 passed by respondent No. 2 under S. 40(a) of the Army Act whereby he was convicted and sentenced to undergo three months Rigorous Imprisonment, besides having dismissed from service.

(2.) Briefly put the facts of the case are as follows: - The petitioner's case is that he was enlisted in the Army on 17/01/1922. A false and frivolous report was lodged against him and it was alleged that he had struck No. 1050008YLD Rattan Lal, the Guard Commandar on his head with a stick on 17/04/1985 at Ambala Cantt. Consequent upon the charge having been framed against him, a summary of evidence was recorded in terms of R. 23 of the Army Rules. Thereafter, a Summary Court-Martial was convened on 29/04/1985 and on the same day, the petitioner was convicted and sentenced to undergo 3 months Rigorous Imprisonment, besides dismissal from service, based on the plea of "guilty" allegedly made by him.

(3.) The petitioner has challenged the order impugned on a number of grounds. The main thrust of the attack against the plea of guilt allegedly recorded in violation of the relevant provisions of the Army Rules. The other grounds includes the petitioner's having been not granted the facility of interpreting and of a counsel/ friend, besides the non-furnishing of the summary of evidence, disabling him from arranging his defence properly.