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Ratan Kumar Dhauria Vs. L. Union of India

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... give him adequate opportunity to adduce evidence in his defence in the scm and promulgated the sentence on 9th november 2007 where he was sentenced to suffer rigorous imprisonment for 6 months in civil jail, reduction to rank and also dismissal from service. ..... the scm proceeding was duly attended by two officers as per provision of section 116(2) of the army act and as such we do not find any statutory violation on the part of the commanding officer in presiding over the scm, as argued by the ..... single judge of the said high court, the writ petition was transferred to this tribunal as per provision of the armed forces tribunal 2007 act and same was taken into the file of this tribunal and renumbered as t. a no. ..... respondent on the contrary argued that as per section 116 of the army act 1950 only the commanding officer is entitled to preside over such scm. ..... petitioner preferred an appeal under section 164 of the army act 1950 and also an application under section 182 of the act before the goc-in-c, head quarter, eastern command for suspension ..... accused/petitioner was further informed that in case he had objection in respect of such person, he was at liberty to mention the name of another person to act as a friend of the accused during the court martial proceeding. ..... clear proof that the commanding officer was not biased and allowed reasonable opportunity to the petitioner to defend himself in the scm by way of choosing a person of his own choice to act as the friend of the accused in the scm. .....