- (1.) The petitioner seeks quashing of order dated 13.8.2010 whereby his representation for setting-aside the punishment awarded to him on 14.12.1996 has been rejected. As per the petitioner, this has been done in an arbitrary manner.
(2.) Having been enrolled as a recruit Clerk, the petitioner was promoted as Naik and then to the rank of Paid Acting Havildar on 1.9.1996. The petitioner states that his promotion was delayed because of no fault on his part and accordingly he represented to officiating Senior Record Officer of the Regimental Centre for grant of anti-date seniority. As per the petitioner, he was threatened to withdraw this representation, to which he did not agree. The petitioner states that his harassment started thereafter. On 14.12.1996, the petitioner was summarily tried under Section 80 of the Army Act and was awarded punishment of depriving him of his Paid Acting Rank of Havildar. The allegation made against the petitioner was that he had visited the market without out pass.
(3.) The summary trial of the petitioner was held at Ramgarh in Bihar State, which he did not challenge. On 29.9.1997, the petitioner was posted to 15 Punjab Regiment. His C.O. took up the case with the Record Office, but to no avail. Still, the petitioner did not take any action to challenge this punishment. On 14.2.2002, the petitioner was posted to head quarter 11 Corps under the territorial jurisdiction of this Court. Still, nothing happened. In the year 2010, while being posted in Public Relation Unit, the petitioner again sent his case to the Colonel of the Punjab Regiment, who referred the same to his Record Office. His request was rejected on 13.8.2010 and he has, therefore, filed this petition before this Court.;