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Jan 08 2010 (TRI)

Ex Sep R.S.N.Rajana Versus the Union of India Through Its Secretary Mi ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

1. This petition is brought for quashing the order dated 09.04.2008 passed by Summary Court Martial (SCM) whereby the petitioner was convicted for the offence u/s.52(b) of the Army Act 1950 for committing theft of medicines from Army Hospital (R and R) Delhi Cantt. and also for the offence u/s.63 of the Army Act for his acts which were prejudicial to good order and military discipline. He was sentenced to undergo 28 days imprisonment in military custody and also dismissal from service. The findings of SCM was challenged by the accused/appellant by contending that the inquiry as contemplated under Army Rule 180 was not conducted by the respondents before initiating criminal proceedings against him. Further whatever inquiry has been asserted by the respondents in view of Army Rule 22 was itself deficient as the Commanding Officer arbitrarily dispensed with calling of the witnesses. In the absence of the witnesses the conduct of enquiry under Army Rule 22 would itself vitiate as there was...

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