TAPEN SEN, J. - (1.) HEARD Mr. M.M. Bannerjea, learned counsel for the Petitioner assisted by Mr. Jitendra Shanker Singh and Mr. M.M. Prasad, learned counsel for the Respondents.
(2.) THE Petitioner is ' aggrieved by An -nexures 1, 2 and 3. By Annexure 3, a secret/confidential letter was sent to different authorities by the Commanding Officer informing that the Petitioner was a "deserter absentee". From Annexure 2, which are the minutes of proceedings of the summary Court Marshall, it appears that the Petitioner made a statement which is to be found at running page 52 and which reads as follows : "I have made a mistake and I have nothing more to say." After the aforementioned Court Marshall proceedings, the Petitioner was inflicted with the following punishments : A. To be reduced in Rank. B. To be dismissed from service. This order was passed on 05.06.1996. Thereafter, the Petitioner preferred a representation/appeal before the chief of the Army Staff but that was also rejected on 31.12.1996 and the same was communicated to the Petitioner by letter dated 03.01.1997 as contained in Annexure 1.
(3.) THE Petitioner was enrolled in the Army Medical Corps on 28.8.1986 on the post of Store Keeper (Technical Group) whereafter, he joined as a Trainee in the Army Medical Corps, Lucknow and on completion of Training, he was posted and transferred at various places and subsequently promoted to Equivalent Citation:2004 -LLJ -1 -534 the post of "Havildar" and transferred to Jammu and Kashmir. Thereafter, he was posted to Ranchi on the same post of a Havildar.;