UNION OF INDIA Vs. BIPAN LAL
HIGH COURT OF JAMMU AND KASHMIR
UNION OF INDIA
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J.P.SINGH, J. -
(1.) THIS Letters Patent Appeal is directed against writ Court judgment dated 1.2.2000 whereby finding of sentence of Dismissal from Service recorded by Summary Court Martial has been set aside and appellants directed to pass fresh order in accordance with law.
(2.) FACTS necessary for the decision of this appeal may be summarized thus. A tentative charge -sheet was issued to the writ petitioner on 10.12.1991 by his Commanding Officer, which reads as follows:
The accused No. 9081904L NK Bipin Lal of 3 Jammu and Kashmir, Light Infantry is charged with:
'WITHOUT SUFFICIENT CAUSE OVERSTAYING LEAVE GRANTED TO HIM.'
in that he,
at peace on 08 November, 1991, having been granted leave of absence from 28 October 1991 to 08 November 1991 to proceed to his home, failed without sufficient cause, to rejoin at unit lines on 08 November 1991, on the expiry of the said leave, till he rejoined voluntarily on 08 December 1991 (AN)
Place ; Peace (J.S. Sambyal)
Dated : 10 December, 1991 Colonel
The charge was heard by the Commanding Officer under Army Rule 22. The prosecution witness IC -39201P Major Manoj Kumar was heard in presence of the accused writ petitioner who declined to cross examine the witness. No defence witnesses were produced by the writ petitioner. On conclusion of the hearing, the Commanding Officer directed the recording of Summary of Evidence. These proceedings were held at Ranchi.
(3.) SUMMARY of Evidence was recorded on the orders of 1C 28338F COL J.S. Sambyal, CO 3 JAK LI. Statements of two witnesses were recorded in, presence of the writ petitioner who declined to cross examine. The writ petitioner was cautioned in terms of Army Rule 23 in presence of independent witness JC 144601A Subedar Mohd. Maqbool Lone of 3 JAK LI in following terms: Do you wish to make any statement. You are not obliged to say anything unless you wish to but whatever you say will be taken down in writing and may be given in evidence.;
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