KALAM DIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was enrolled in J & K Light Infantry in 1996. He applied for seven days casual leave prefixed by holidays on 8th and 9th January, 2001. Leave applied for was sanctioned in his favour on 07.01.2000 and he proceeded on leave on the same day in afternoon. According to the petitioner, he on 08.01.2000 proceeded to his home town, Rajouri to see his ailing mother admitted in Primary Health Centre, Kandi, Kotranka on 06.01.2000. However, on reaching the hospital he was told that his Mother had breathed her last at 11.30 p.m. He participated in her last rites on 10.01.2000, whereafter he was taken ill and admitted in local hospital on 12.01.2000. Petitioner states to have developed depression and to have remained under constant medical treatment till 05.05.2000. Once he was found by the Doctor to be fit to resume his duty, he reported at JAKLI (RC) Srinagar on 07.05.2000 A.N. He on his reporting to his regiment alleges to have been put under detention and produced before Summary Court Martial (SMC) presided over by Commandant JAKLI (RC). The Court Martial proceedings led to his dismissal from service.

(2.) He preferred an appeal/petition against the punishment awarded. It did not meet any success and was rejected on 04.06.2001.

(3.) Petitioner questions the Summary Court Martial proceedings and the punishment imposed as also the order dated 04.06.2001 whereby proceedings and punishment imposed were upheld and his petition rejected, on the grounds that the proceedings were not conducted in accordance with Rules; that he was not afforded opportunity to defend him, contemplated under Rules; that the charges levelled him are factually incorrect and without substance.