- (1.)This writ petition has been filed for quashing the order dated 28th December, 1992 informing the petitioner that the Summary Court Martial had sentenced him to Rigorous Imprisonment for four months and had also dismissed him from service. The quashing of the order dated 27th December, 1993 intimating the petitioner that his petition before the Vice-Chief of the Army Staff against the aforesaid order had been rejected. The consequential relief for reinstating the petitioner with full back wages has also been sought.
(2.)The petitioner who was posted as Naik in the Indian Army at Bareilly and was staying in the residential quarters provided to Army Personnels was issued a charge-sheet dated 22nd December, 1992 charging him under Section 63 of the Army Act, 1950 (hereinafter referred to as the 'Act') for committing an act prejudicial to Good Order and Military Discipline. It was stated that on 23rd July, 1992 between 2:00 hours to 3:00 hours he improperly knocked at the house of Sukhdev Singh of 66 Engineer Regiment when he was out of station to attend the Bridge Training Camp.
(3.)The Summary Court Martial was held. Smt. Usha Devi wife of Sukhdev Singh was examined. She stated that on 21st July, 1992 she had gone to the Military Hospital, Bareilly for OPD and as there was no transport available for coming back, she went to hire a rickshaw when the petitioner whom she had seen in the Military Hospital on the same day approached her and offered her a lift on his bicycle after asking her where she had to go. He also inquired about her husband's unit. She told him that her husband was in 66 Engineer Regiment. The petitioner told her that he is also in the same unit. Smt. Usha Devi then went with the petitioner on his bicycle and when they reached her quarter she offered him a glass of water. He had the glass of water and asked her where her husband was to which she replied that he had gone out of station for Bridge Training Camp. He finished the water and went away. In the night of 22/23rd July, 1992 between 2:00 hours to 2:30 hours somebody knocked at her door. She got up and asked who was at the door and when she saw the person moving on to the window and whistling, she flashed the torch and saw that it was the same person who had given her the lift on the bicycle on 21st July, 1992. She asked him why he had come and when he told her to open the door and kept standing in the staircase she told him to go away or else she will raise an alarm. The petitioner then went down the stairs. In the morning she went to the house of Naik Ashok Singh and narrated the entire incident to him. She also deposed that when Subedar Ramakant Singh came to her house and inquired about the incident she told him that she could recognize the person. On 24th July, 1992 at about 17:00 hours Subedar Ramakant Singh came to her house and asked her to sit near the road with few other ladies so that she could recognize the person in case he again took the same road. She saw the petitioner after sometime on his bicycle and gave indication to Subedar Ramakant Singh who followed him and after some time brought him. She recognized him to be the same person who had come to her house on 23rd July, 1992. It needs to be mentioned that Smt. Usha Devi was cross examined by the accused. He specifically put a question (question no. 23) to her that as she had seen him earlier on 21st July, 1992 then why did she ask who he was when she saw him through the window on the night on 22/23rd July, 1992. Smt. Usha Devi answered that she did not show that she had recognized him otherwise he would not come to that area again and it would not be possible to apprehend him as she did not know his name. He also specifically put a question that if the person was standing on the stairs and was leaning on to the open window then the torch flash from inside will have its focus on the window and side profile and, therefore, it would not be possible to recognize the person. She replied that when she flashed the torch it fell directly on the face. The proceedings of the Court Martial further indicate that at this juncture the Court moved to the quarter along with the accused, and the friend of the accused and Officers attending the trial. The accused was asked to stand on the stairs in the position described by Smt. Usha Devi during her statement and she was asked to flash the torch. The focus of the torch fell directly on his face. The Court, therefore, felt satisfied with the statement made by Smt. Usha Devi.