JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. Admitted.

2. The respondent was enrolled in the Indian Army as a Sepoy in the Army Service Corps on 25 April 1996. On 11 November 2007, he was dispatched on a permanent posting to 874 ASC Batallion, which was deployed in Jammu and Kashmir. Having failed to report to his new Unit on 21 November 2007, he was declared as absent without leave on 22 November 2007. In terms of Section 106 of the Army Act 1950, a Court of Inquiry was held and the respondent was declared to be a deserter with effect from 22 November 2007. On 18 September 2008, after a lapse of 302 days, the respondent reported to the ASC Centre (North) at Gaya.

3. On 12 November 2008, he was tried by a Summary Court Martial on two counts: the first count was his unauthorized absence over a period of 302 days without leave; while the second count related to the loss of certain equipment and clothing. The respondent pleaded guilty to the two charges. In his statement before the Summary Court Martial, the respondent stated thus:

“14. I No 6492086-A Sep/ASH Kulbeer Singh of 874 AT Bn ASC att with HQ Wing, ASC Centre (North) was enrolled in the Army on 25 Apr 1996. I belong to Vill – Sampla