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Ex. Lance Naik Vikash Bisht Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

The petitioner has come up before this court against the order of dismissal passed by the Summary Court Martial dated 13.08.2011. It appears that the petitioner had filed a statutory complaint against this order before the Chief of Army Staff under section 164 (2) of the Army Act. The statutory complaint has been disposed of by the Army Chief of Staff rejecting the petition. However, the sentence of dismissal has been converted into an order of discharge. Said order has been produced by the learned counsel for the respondent today. In order to appreciate the controversy involved in the petition certain facts need to be noted herein. 2. The petitioner was enrolled on 27.07.2002 as Sepoy in 64 Assault Engineer regiment, Indian Army and was posted at different places. He was attached to head quarter central command, Lucknow as draftsman. It appears that Patna Police got information that Mr. Sudhanshu Sudhakar , who had been dismissed from the Army, was proceeding to Nepal with secret info...