JUDGMENT :

L. NAGESWARA RAO, J.

1. Dafadar Kartar Singh, the Respondent-herein was tried by the Summary Court Martial for a civil offence of house breaking by night. He was found guilty of the charge and was sentenced to rigorous imprisonment for seven months apart from dismissal from service and reduction in the ranks. The conviction was set aside by the Armed Forces Tribunal, Regional Bench, Chandigarh (for short, “the Tribunal”). The Tribunal directed that the Respondent shall be deemed to be in service w.e.f 10.11.1999 till the date of his superannuation in the rank of Dafadar. He was also held to be entitled to all allowances for the said period and pensionery benefits. These Appeals are directed against the said judgment of the Tribunal.

2. The Respondent was serving in the 74th Armoured Regiment at Panagarh, West Bengal in the year 1998. He was residing in the residential quarters at the SBI Lines. Sowar Kishore Kumar Yadav who was also staying in the same residential quarters was hospitalized on 14.10.1998 due to which his wife Smt. Sudesh was staying alone in the residential quarters. As Smt. Sudesh was alone, her neighbor’s son-Master Jaynendra alias Bittoo was requested to