Dhananjaya Y Chandrachud, J. - (1.) Admitted.
(2.) The respondent was enrolled in the Indian Army as a Sepoy in the Army Service Corps on 25 April 1996. On 11 November 2007, he was dispatched on a permanent posting to 874 ASC Batallion, which was deployed in Jammu and Kashmir. Having failed to report to his new Unit on 21 November 2007, he was declared as absent without leave on 22 November 2007. In terms of Section 106 of the Army Act 1950, a Court of Inquiry was held and the respondent was declared to be a deserter with effect from 22 November 2007. On 18 September 2008, after a lapse of 302 days, the respondent reported to the ASC Centre (North) at Gaya.
(3.) On 12 November 2008, he was tried by a Summary Court Martial on two counts: the first count was his unauthorized absence over a period of 302 days without leave; while the second count related to the loss of certain equipment and clothing. The respondent pleaded guilty to the two charges. In his statement before the Summary Court Martial, the respondent stated thus: "14. I No 6492086-A Sep/ASH Kulbeer Singh of 874 AT Bn ASC att with HQ Wing, ASC Centre (North) was enrolled in the Army on 25 Apr 1996. I belong to Vill Sampla Begampur, PO Sarsawa, PS Nakur, Teh Nakur, Distt Saharanpur, State UP. My family consists of my father aged 55 yrs, mother aged 52 yrs, wife aged 29 yrs and son aged 3 yrs. 15. I was posted to 874 AT Bn ASC from 514 ASC Bn during Nov 2007. During my preparatory leave I went to my house. On reaching home, I cam to know that my uncle had taken possession of my old house. The matter was reported to Village Sarpanch & Tehsildar. Tehsildar investigated the matter & the house was recovered from my uncle and handed over to my father. Thereafter I reported at HQ Wing on 18 Sep 2008 afternoon after being absent for 302 days. 16. I was found to be deficient of clothing and equipment items for Rs.2265/- (Rupees two thousand two hundred sixty five only) as mentioned in the kit deficiency list att as Appx to IAFD-918 (Annexure II produced by Prosecution Witness No.2). 17. The above statement has been read over to me in the language (Hindi). I understand better and sign it as correct in the presence of independent witness.";