EX NAIK KANHIYA LAL PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner Ex. Naik Kanhiya Lal Pathak, challenges the conviction awarded to him by Summary Court Martial vide order dated 15th April, 1986. The petitioner at the relevant time was a non-commissioned officer holding the rank of a Naik. He was charged for an offence under Section 40(a) of the Army Act (hereinafter called the Act). The charge framed by his Commanding Officer Lt. Colonel M.C. Sebestin on 1st April, 1986 reads as follows :-

(2.) . The petitioner admitted his guilt and made the following statement before his Commanding Officer who was holding the Summary Court Martial:

(3.) . The Summary Court Martial after considering the previous convictions awarded to the petitioner herein (the statement giving full particulars of previous convictions) is on page 46 of the writ petition awarded the following punishments:-