- (1.) THE petitioner Sepoy 134456a Rfn/Gd Satish Kumar Shukla has filed this writ petition for the following reliefs: (i) issue a writ of certiorari calling for the record of the proceeding of summary Court Martial and quash the order dated 13.7.2001 as passed by the respondent No.2. (ii) issue any other suitable writ, order or direction which this Court may deem fit and proper . And (iii) Award costs of this writ petition to the petitioner.
(2.) THE factual matrix giving rise to the instant writ petition are that the petitioner joined the Army on 6,11,1987 in 13 Assam Rifles and ever since his joining his service in the Army in the aforesaid capacity he discharged all his duties with utmost sincerity and efficiently. In furtherance with the facts stated herein above it is pertinent to state here that the petitioner proceeded on leave , duly sanctioned w.e.f. 5.4.2000 to 14.5.2000 and he was required to report on his duty on 15.5.2000 but due to sudden trap into ugly clutches of the accident followed with typhoid fever he could not report on his duty on 15.5.2000 and after getting recovered from his such prolong ailment he reported his joining in the respective company of 13 Assam Rifles on 23.12.2001 before noon.
(3.) IN this context it is relevant to mention here that since the period of his over stay has resulted due to the prolong illness he did not spare any moment to inform his authorities concerned of the Company and in furtherance he telephonically used to inform the authority concerned as to the cause of his over stay after duly sanctioned leave. Learned counsel for petitioner further submitted that from the record it appears that due to the non -reporting of the petitioner after expiry of leave as sanctioned vide an order dated 27.6.2000 of the Commandant 13 Assam Rifles, a Court of Martial was directed to be assembled to investigate into the circumstances under which the petitioner failed to re -join his duties on expiry of the Earned Leave granted to him w.e.f.5.4.2000 to 14.5.2000 and still was absent without information.;