M.R.SHAH, A.S.BOPANNA
Dalbir Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
A.S. Bopanna, J.
The appellant is before this Court assailing the order dated August 26, 2011 passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir whereby the appeal filed by the appellant herein has been dismissed and the sentence imposed by the Summary General Court Martial ('SGCM' for short) has been upheld.
2. The appellant was enrolled in the Army on April 06, 1999 and was posted to 3 Rashtriya Rifles (RR) Battalion (Bn) in the year 2006. While he was so serving, in respect of an incident which occurred on August 13, 2006, action was initiated under Section 34 (c) of the Army Act, proceedings were held by the SGCM and the sentence to undergo imprisonment for six months and dismissal from service was imposed. The appellant assailing the same was before the Armed Forces Tribunal and in the said proceedings the order impugned dated August 26, 2011 is passed. The incident referred to is that according to the prosecution while the appellant was posted to 3 Rashtriya Rifles (RR) Battalion (Bn), it was ordered on August 13, 2006 to cordon and search be carried out in village Darigidiyan in the Jammu and Kashmir. The details of the officers who formed a
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