- (1.) This appeal, by special leave, preferred against the order dated July 3, 1986, of the Division Bench of the Patna High Court in C.W.J.C. No. 2823 of 1986 raises a substantial question as to the scope and content of the procedural safeguards in Section 130 of the Indian Army Act, 1950 ('Act') in the conduct of the CourtsMartial. The High Court dismissed, in limine, the appellant's writ petition, under Article 226, challenging the proceedings dated March 30, 1985, of the Summary Court-Martial imposing the punishment of dismissal from service and a sentence of a year's rigorous imprisonment on the appellant.
(2.) Appellant, Ranjit Thakur, joined the Armed Services on September 7, 1972, and was, at the relevant time, a Signal Man in "4, Corps Operating Singal Regiment." Apparently, appellant had not commended himself well to respondent No. 4, who was the commanding officer of the regiment. On March 29, 1985, appellant was already serving out a sentence of 28 days' rigorous imprisonment imposed on him for violating the norms for presenting representations to higher officers. Appellant is stated to have sent representation complaining of ill-treatment at the hands of respondent 4 directly to the higher officers. Appellant was punished for that by respondent 4. Appellant was held in the Quarterguard Cell in handcuffs to serve that sentence of rigorous imprisonment.
(3.) While so serving the sentence appellant is stated to have committed another offence on March 29, 1985, for which the punishment now impugned was handed down by respondent 4. The nature of this offence had better be excerpted from the charge-sheet itself: "The accused No. 1429055M Signalman Ranjit Thakur of 4 Corps Operating Signal Regiment is charged with- Army Act Section 41(2) Disobeying a lawful command given by his superior officer. In that he at 15.30 hrs. on 29-5-1985 when ordered by JC 106251P Sub Ram Singh, the Orderly Officer of the same Regiment to eat his food did not do so. To try this offence a Summary Court-Martial was assembled the very next day i.e. March 30, 1985. Respondent 4 and 2 others were on the Court-Martial. Some witnesses were examined. Appellant is stated to have pleaded guilty. A sentence of rigorous imprisonment for one year was imposed in pursuance of which appellant was removed immediately to the civil prison at Tejpur to serve out the sentence. Appellant has served out the sentence. He was also dismissed from service. with the added disqualification of being declared unfit for any future civil employment. The representation of the appellant to the confirming-authority under S. 164 of the Act was rejected by General Officer Commanding on 24-5-1985. The High Court, however, persuaded itself to dismiss, in limine, appellant's writ petition challenging the proceedings of the Summary Court-Martial. ;