Delhi Court December 2010 Judgments

Ajit Kumar Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. This writ petition has been filed by the appellant contesting his dismissal from service on the orders of the Summary Court Martial constituted on 6.10.1997. The appellant contends that despite the fact that his record of service till then was exemplary and that this was his first offence, he was dismissed from service in a very arbitrary, casual and illegal manner for a very minor offence. On formation of this Tribunal, the writ petition was transferred to it for disposal and treating it as an appeal under Section 15 of the Armed Forces Tribunal Act 2007, is being disposed of by this judgment. 2. The appellant states that he was enrolled in the Army as a Sep. Driver on 17.10.1995 and on completion of his training, he was posted to 5685 ASC Battalion at Haldwani on 21.12.1996. Within one year of joining this unit and without even assigning him his basic duties as a Driver, he was dismissed from service and sent home for no fault of his. The allegation against the appellant was that...