JUDGMENT

Uday Umesh Lalit, J.

These appeals question the following judgments and orders passed by the Armed Forces Tribunal, Regional Bench, Lucknow.

(a) Civil Appeal No.11009 of 2017 is directed against the Judgment and Order dated 17.01.2017:

(b) Civil Appeal (Diary) No.40312 of 2017 with an application for leave to appeal is directed against the Judgment and Order dated 12.09.2017. Leave to appeal granted.

2. The relevant facts in the present case are as under:-

(A) The respondent was initially enrolled in the Indian Army as Sowar in 1981. He cleared the examination conducted by Union Public Service Commission in the year 1988 and got commissioned as an Officer and was posted as Second Lieutenant in the Ordnance Corps of the Army. During his career, he received some commendations and appreciations. However, the respondent was summarily tried under Section 83 of the Army Act, 1950 (hereinafter referred to as the Act) by Commander, 29 Artillery Brigade for the offence of ‘absenting himself without leave’ for 03 days from 27.06.1991 to 29.06.1991. The Respondent pleaded guilty to