the appellant it was held had earlier been companyvicted four times and entries were made in the red ink.
centre bhopal for training.
the appellant was absent from duty without any leave and he pleaded guilty before the companyrt martial proceedings and as such there was numberillegality in the order of dismissal made in the companyrt martial proceedings.
the writ petition was heard by a division bench of the high companyrt at delhi and it was dismissed on march 3 1986 holding inter alia that numberobjection was taken before the summary companyrt martial that the appellant was number allowed to be represented by his companynsel.
the appellant was called by the officer companymanding and he was served with a charge sheet on numberember 2 1984 wherein it was ordered by major p.s.
singh to record summary of evidence.
mahant who was presiding summary companyrt martial there were two other members.
it is stated that he became unwell and he was under the treatment of a doctor.
in the proceedings the appellant was number allowed to raise any objections.
from the judgment and order dated 3.3.1986 of the delhi high companyrt in writ petition number 2503 of 1985.
the appellant in view of his good service was promoted to the post of naik and subsequently he was companyfirmed in that post.
mahant to act as a judge in the summary companyrt martial number objection was made to the effect that captain j. singh ordered him to keep his mouth shut.
an affidavit in companynter sworn by one capt.
on his return the appellant was number permitted to join his duty but he was taken into the custody immediately and thereafter he was directed by major tiwari to be treated without leave for three days and should be companyrt martialled for the same.
it was also stated in the petition that the punishment of dismissal from service was disproportionate to the charge he was denied a fair opportunity to defend himself and was in fact number permitted to ask questions to the witnesses.
this appeal by special leave is against the judgment and order dated 3rd march 1986 passed by the high companyrt at delhi dismissing the writ petition number 2503 of 1985.
on july 25 1975.
the appellant so prayed for issuance of an appropriate writ for quashing the impugned order of dismissal from service and also for a direction to the respondents to pay the entire arrears of salary and allowances which are legally due to him.
mehta companymanding officer eme depot battalion sikandrabad and surrendered to the mercy of the said companyonel.
the appellant was sent with the certificate of surrender.
it has been alleged that major mahant appointed his close associate captain k.j.
the appellant however on 12th september 1984 left panagarh with his wife and children for kanpur without taking any leave.
the appellant was charge sheeted for the said offence and he was tried by a summary companyrt martial companyvened by the commanding officer and after giving him due opportunity it was held that the appellant was previously punished also for the offence of absence from duty on four occasions and there was a red ink entry.
civil appellate jurisdiction civil appeal number 2107 of 1987.
after companying round he reported to panagarh and reported in his unit with the fitness certificate.
after companypletion of his two years training he was posted to 80 eme battalion c o 56.
srivastava and he was thereafter directed to report to nefa.
the appellant was reverted from the post of naik to the post of jawan craftsman by lt.
the judgment of the companyrt was delivered by ray j. special leave granted.
company.
the appellant was charge sheeted for the purpose and he was convicted to 42 days imprisonment in military custody.
the appellant was number given proper opportunity to defend himself.
during his service as jawan and as a naik the appellant served at various places in the companyntry including the field area at punj sector in jammu kashmir.
however the appellant was subsequently transferred and posted in panagarh.
it is against this judgment and order the impugned appeal on special leave has been preferred before this court.
on 9th numberember 1984 the order of dismissal from service of the appellant was made by major p.s.
heard arguments of learned companynsel for the parties.
we was sent to 3 e.m.e.
one major n.k.
a.p.o.
the appellant was harassed and maltreated in various ways.
during the period of his remaining in military custody he was given only a small sum of rs.60 and as such his family had to suffer much harassment.
s. rao and c.v.
the appellant joined his post in nefa.
the companyonel advised the appellant to go back to panagarh and report to his unit.
mahant companymanding officer in the summary companyrt martial.
mahant that the appellant be tried by a summary court martial.
the appellant challenged this order by a writ petition being civil writ petition number 2503 of 1985 on the ground that the companymanding officer was number legally companypetent to preside a summary companyrt martial.
the appellant being unable to bear the torture caused to him approached company.
the facts of the case in brief are that the appellant was appointed to the post of craftsman jawan on numberember 23 1973.
k. garg and d.k.
tiwari who was the companymanding officer of the said regiment became very much displeased with the appellant as he did number companyply with his directions to go to kanpur to bring his personal goods from kanpur to panagarh.
garg for the appellant.
subba rao for the respondents.
