RAJIVE BHALLA, J. - (1.) PRAYER in the present petition is for the issuance of an appropriate writ, order or direction, quashing the proceedings of the Summary Court Martial, the order dated 12.3.1998, whereby the petitioner was reduced to ranks and also for quashing the order dated 8.9.2000, vide which the petitioner was confined to lines for 10 days.
(2.) CHARGED with commission of offences under Sections 52(a) and 63 of the Army Act, the petitioner was brought before a Summary Court Martial and upon conclusion of its proceedings, a punishment of reduction to ranks awarded. The charges, were that the petitioner stole two magazines and 60 bullets of AK 47 Rifles from a colleague and then returned the above articles, after receiving a sum of Rs. 1,000/-. Counsel for the petitioner, urges that the petitioner declined to sign a list of medicines without physical entrustment of the medicines. Thereafter, he was forced to sign the list by his superior officer. After the petitioner declined a similar order, he was falsely implicated in the present case and, therefore, the proceedings against him are mala fide. It is further argued that after the Court of Inquiry and the summary of evidence, a charge-sheet was served upon the petitioner. However, the charge-sheet was not accompanied by copies of the summary of evidence. The petitioner repeatedly demanded copies of the summary of evidence but despite repeated demands copies were never provided to the petitioner. On 12.3.1998, the petitioner was marched upto the office of the Commanding Officer and asked to affix his signatures on certain papers. He was informed that charges against him had been dropped. The petitioner, affixed his signatures, in good faith and was asked to wait outside. After some time, he was called into the office and the Commanding Officer announced that as the petitioner had been found guilty, he was punished with reduction to ranks.
(3.) THE petitioner, thereafter, was asked to proceed on one month's annual leave from 14.3.1998 to 12.4.1998. Upon return, he was served with movement orders, for transfer to 328 Field Ambulance. The petitioner made a request for the supply of a copy of the order, reducing him to ranks, but no orders were supplied. The petitioner, thereafter, approached the Free Legal Aid Cell at Meerut to take up his case and file an appeal and, thereafter, that cell filed an appeal under Section 164 of the Army Act and prayed for supply of relevant documents and information. Instead of deciding the aforementioned application on merits, the authority unfairly formed an opinion that the petitioner had levelled false allegations against the Commanding Officer and, therefore, addressed a letter to the Commandant, Military Hospital, Ambala, the then disciplinary authority, that disciplinary action be initiated against the petitioner for levelling false allegations. The petitioner was charge-sheeted and awarded another punishment of confinement to lines for 10 days, vide order dated 8.9.2000 Annexure P-6. The petitioner forwarded another written request to the Commanding Officer of 27 Rashtriya Rifles, to provide a copy of the Summary Court Martial proceedings but to no avail. Thereafter, the petitioner filed CWP No. 13284 of 2000 and after issuance of notice in the aforementioned petition, the respondents made available copies of the Summary Court Martial, summary of evidence and the charge-sheet etc. The petitioner impugned the aforementioned punishment by way of criminal writ petition No. 187 of 2001. However, the said writ petition was dismissed as withdrawn, as the proceedings of Summary Court Martial were not appended therewith. After appending the proceedings of the Summary Court Martial, the petitioner has filed the present petition.;