- (1.) Challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Regional Bench, Chandigarh at Chandimandir (for short 'the Tribunal') on 14.08.2012, whereby the transferred writ petition filed before the High Court of Andhra Pradesh was entertained as an appeal under Section 15 of the Armed Forces Tribunal Act, 2009.
(2.) The petitioner, posted as Classified ENT Specialist at Military Hospital, Secunderabad under Indian Artillery Commandant, Golkonda, Hyderabad, was charge-sheeted on 14.09.2004 on the following three charges:- 1. Knowingly and with intent to defraud altering a document which it was his duty to produce - In that he at Hyderabad in June, 2002, while posted as ENT Specialist at MH Secunderabad, knowingly and with intent to defraud altered his remarks in the AFMSF 7 of No.15157229Y Rect/Gnr(GD) k Siddaiah of Arty Centre, Hyderabad, a document which it was his duty to produce, from 'Unfit' to 'Review after fifteen days of treatment' and dated the ibid alteration as 31 May 2002 well knowing that on 31 May 2002 the said rect. had been declared 'Unfit' by him. 2. Absenting himself without leave In that he at Hyderabad, absented himself without leave from the Arty. Centre, Hyderabad from 11 Apr 2004 to 19 Apr 2004. 3. Being an officer behaving in a manner unbecoming his position and the character expected of him In that he at Hyderabad in Apr. 2004, elicited connivance of his Sahayak No.15168531X Rect.(Cook) Mousam Jena of Artillery Centre, Hyderabad, to falsely create circumstances for covering up his absence, from the premises of Artillery Centre, Hyderabad during the period as mentioned in the second charge.
(3.) In nutshell, the primary charge against the petitioner is that on 31.05.2002, he initially declared Recruit/Soldier/GD K. Saddaiah, as 'Unfit', but later altered the same to 'Review after fifteen days of treatment' and, thus, he has falsified the official document. The allegation is also of absence from duty & behaving in a manner unbecoming of his position.;