Singh Vs. Union of India  INSC 261 (5 May 1993)
K. Jayachandra (J) Reddy, K. Jayachandra (J) Ray, G.N. (J)
1994 SCC Supl. (1) 273
appeal is directed against the order of the High Court of Delhi. The appellant
was tried by Summary Court Martial and was sentenced to undergo nine months
civil imprisonment and dismissal from service. The question of law raised is
that Summary Court Martial that was constituted was not presided over by a
Commanding Officer as required under Section 116 of the Army Act. The
submission is that some of the records supplied to the appellant show that it
was only an officer of the rank of a Captain that presided and he cannot be
deemed to be a Commanding Officer.
High Court dismissed the writ petition observing that it had perused the record
as well as the evidence and it is satisfied that the Summary Court Martial was
presided over by Lt. Col. Sandhu, a Commanding Officer.
learned counsel, however, submits that the records supplied to the appellant do
not disclose the same fact. We have perused the records and we agree with the
High Court that the Summary Court Martial constituted was presided over by Mr Sandhu,
the Commanding Officer. Therefore, there is no force in the submission.
learned counsel, however, submits that the appellant was released on bail by
this Court and he has been in jail for a period of over five months and that it
is not a case where the appellant may be sent back to jail at such distance of
time. The act of indiscipline was committed sometime prior to 1980. So far as
this aspect is concerned, it is for the Army Authority concerned to consider it
whether the appellant should again be sent back to jail for serving out the
remaining small portion of sentence or remit the same. The appeal is dismissed
with these observations.