G UDAYASURIYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner seeks for setting aside the order dated 22.7.1998 passed by the third respondent Commanding Officer, Engineering Regiment, C/o.56 APO and for a consequential direction to reinstate the petitioner in service.

(2.) THE writ petition was admitted on 14.7.1999. Pending the writ petition, the petitioner sought for return of his educational certificates and also to pay amounts towards Army Provident Fund, Group Insurance and credit balance. This Court by an interim order directed settlement of the amounts as well as the payment of the amounts due to the petitioner, which was also granted to him with a covering letter dated 2.5.2001.

(3.) ON the basis of the evidence and the gravity of offence, a Summary Court Martial was ordered by the Commanding Officer. The petitioner was given the assistance of a friend to defend him in the enquiry. The Medical Officer found him fit on 22.7.1998. In the Summary Court Martial held on 17.2.1998 due procedure was followed. He was awarded the punishments of reduction in rank, sentence of RI in Civil Jail for one month and also dismissal from service. He was handed over to the District Jail, Ajmer with a warrant of commission and direction to be transferred to the jail near his native place, which was also done. It is this punishment, which is under challenge by the petitioner in this writ petition.