L. Nageswara Rao, J. - (1.) Leave to Appeal is granted. 1. These Appeals arise from orders dated 05.01.2016, 21.03.2016 and 19.05.2016 passed by the Armed Forces Tribunal, Lucknow Bench, dismissing the Transfer Application filed by the Appellant.
(2.) The Appellant was enrolled in the Army on 26.04.1991. At the time of his appointment he produced his matriculation certificate issued by the Madhyamik Shiksha Mandal, Gwalior, Madhya Pradesh. On verification it was found that the certificate produced by him was not genuine. A charge-sheet was issued under Section 44 of the Army Act, 1950 (for short, 'the Act') and a preliminary inquiry was conducted against the Appellant. During the preliminary inquiry, the Appellant admitted that he did not have any proof to show that he had passed the matriculation examination in 1988.
(3.) The Appellant was tried by the Summary Court Martial and was found guilty under Section 44 of the Act. The Appellant was dismissed from service and sentenced to undergo rigorous imprisonment for three months in a civil jail.;