to 2359 hrs.
to 2359 hrs.
The charges companymunicated to the Appellant are as follows First charge Army Act Section 41 2 DISOBEYING A LAWFUL COMMAND GIVEN BY HIS SUPERIOR OFFICER IN THAT HE, at Yol Cantonment, on 30 July 2009, when ordered by his Section Non Commissioned Officer Number 15361 420F Company Havaldar Major Operator Cipher Parmod Kumar of the same unit to perform the duties as Detachment In charge of the unit Radio Monitoring Detachment from 1900 hrs.
By an order dated 26.08.2009, the service of the Appellant was terminated on the basis of the findings recorded in the Summary Court Martial.
Thereafter, Pramod Kumar himself performed the duties of Detachment In Charge during that night.
Thereafter, the Appellant filed a Writ Petition in the Calcutta High Court which was transferred to the Armed Forces Tribunal, Kolkata Bench.
The Appellant again absented himself from duty in spite of directions issued on 03.08.2009.
By the impugned order, the Armed Forces Tribunal upheld the order of termination of service of the Appellant.
The Appellant was marched up to the Commanding Officer, Colonel Rajiv Sud on 06.08.2009.
He preferred an appeal to Respondent No.4 which was dismissed by an order dated 16.02.2010.
Tentative charges were framed and explained to the Appellant.
The Appellant denied the charges.
Proceedings were initiated before the Summary Court Martial.
When he was posted with the 9th Corps Air Support Signal Unit CASSU , he was charged for disobedience of lawful companymand given by his Company Havaldar Major CHM Pramod Kumar.
to 2359 hrs.
The Appellant refused to sign Appendix A as directed by the Commanding Officer.
Second charge Army Act Section 41 2 DISOBEYING A LAWFUL COMMAND GIVEN BY HIS SUPERIOR OFFICER IN THAT HE, at Yol Cantonment, on 03 August 2009, when his Section Non Commissioned Officer Number 15361 420F Company Havaldar Major Operator Cipher Parmod Kumar of the same unit ordered him to perform the duties as the Detachment In charge of the unit Radio Monitoring Detachment from 1900 hrs.
on 03 August 2009, failed to report to the Radio Department.
on 30.07.2009.
As the Appellant did number report for duty as directed by him, Company Havaldar Major Pramod Kumar went to the Barrack and directed the Appellant to explain the reason for number reporting for duty.
NAGESWARA RAO, J. The Appellant was enrolled in the Indian Army on 27.07.2000 in the Corps of Signals.
