J I SIDDIQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner for quashing the sentence of punishment awarded to him in a summary Court Martial.

(2.) IT is borne out from the record that the petitioner went to Allahabad to appear in Commissioning Examination with 18th Service Selection Board on 20.7.1997. He was to return to his Unit on disciplinary ground because Col. Gulati had informed 18th Service Selection Board that the petitioner had tried to offer him Rs. 7,000/ -as bribe in the form of Demand Draft to help the petitioner in the said examination. It is revealed from the record that consequent upon the order given by the Officiating Administrative Officer, Selection Centre East, Allahabad the petitioner NCO was to return to his Unit without being allowed to go through selection process.

(3.) IN pursuant of Annex. 1, Charge -sheet Annx. 2 was served upon the petitioner and after following the procedure as envisaged under Clause (c) of Sub -rule (3) of Rule 22 of the Army Rules, 1954, a summary Court Martial was held. Evidence was recorded. The petitioner was given opportunity to cross -examine one witness. It is alleged that the petitioner raised many questions regarding procedural irregularity adopted in holding summary Court Martial proceedings but the said proceedings have not been filed by the petitioner along with the writ petition, therefore, it is not possible for the Court to address these irregularities.