EX SEP/NA SUBHASH CHAND Vs. U O I AND ORS
HIGH COURT OF DELHI
Ex Sep/Na Subhash Chand
U O I And Ors
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(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India to challenge the Summary Court Martial (SCM) proceedings, findings and sentence awarded to him on 09.10.1998 by the said SCM held by Col. S.S. Prasad, VSM as Commanding Officer, Base Hospital Barrackpur, West Bengal.
(2.) The Summary Court Martial sentenced the petitioner to nine months rigorous imprisonment in Civil jail and dismissed the petitioner from service on 09.10.1998.
(3.) The case of the petitioner is that the entire proceedings of the trial by Summary Court Martial are without jurisdiction, suffers from many legal infirmities and are based on prejudicial and vindictive mind of the officers holding the Court. The respondents have not complied with the various provisions of the Military Law and, hence, the Order is bad.;
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