JUDGMENT: (C. L. PANGARKAR J.)

1. Petitioner seeks to challenge the penalty of dismissal imposed by the Military Court Martial and confirmed by the Appellate Authority.

2. Petitioner was appointed as a Sepoi in the Indian Army with effect from 11.01.1999. The petitioner served with Indian Army in various Regiments at various stations. While the petitioner was posted at a place known as Binaguri he applied for 6 days casual leave i.e. from 5th April 2004 to 10th April 2004. It is alleged that while petitioner was on his way to catch Howrah Express on 12.05.2004 he was kidnapped by one Ranjit Singh. He was also detained and confined in one room from 12/05/04 to 29.09.05. A report (non cognizable) was lodged to the police. Petitioner ultimately reported to the place of his posting on 02.12.05. Since the petitioner overstayed the leave he was declared as a deserter. The Court Martial proceeding was initiated against the petitioner for this lapse on his part. Court Martial was constituted and upon recording evidence the Court Martial found the petitioner guilty and imposed penalty under Section 39(b) of the Army Act of dismissal. Petitioner preferred a representation against the penalty

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