The judgment established the scope of judicial review in military court decisions, emphasizing the need for compliance with procedural requirements and the consideration of relevant legal provisions under the Army Act and the Indian Penal Code.

G.S. Sistani, J.-The petitioner has filed the present petition under Article 226 of the Constitution of India to challenge the Summary Court Martial (SCM) proceedings, findings and sentence awarded to him on 9.10.1998 by the said SCM held by Col. S.5. Prasad, VSM as Commanding Officer, Base Hospital, Barrackpur, West Bengal.

2. The Summary Court Martial sentenced the petitioner to nine months rigorous imprisonment in Civil Jail and dismissed the petitioner from service on 9.10.1998.

3. The case of the petitioner is that the entire proceedings of the trial by Summary Court Martial are without jurisdiction, suffers from many legal infirmities and are based on prejudicial and vindictive mind of the officers holding the Court. The respondents have not complied with the various provisions of the Military Law and, hence, the Order is bad.

4. The brief facts of the case are that petitioner was enrolled in the Army Medical Corps sometimes in the year 1987 and after completing his Basic Military Training and Technical Training, the petitioner was posted to various Units as Sepoy/Nursing Assistant. The petitioner performed his duties sincerely and with utmost dedication and devotion to the entire satisfaction of his superiors and he has had an 1mblemished record of service of ten years and eight months.

5. The petitioner was serving in the 14th Mech. Inf. Bn. MI. Room till June, 1998. As part of the career prospects, the petitioner was detailed to undergo Class-II training for Nursing Assistant for about six months at Base Hospital, Barrackpur, West Bengal where he reported for training on 30.6.1998. While the petitioner was undergoing training, he was detailed as a Duty Nursing Assistant in the Gynae OPD which duties are a part of the training and as such he was performing his duties on 4.9.1998.

6. As part of his duties, the petitioner was required to enter the names of the patients in the Register. The petitioner was also responsible to check the body weight and the blood pressure of the patients and endorse the same on the prescription chit before the patients were seen by the doctors. When the petitioner was checking the body weight of one lady patient in the presence of her husband, the petitioner asked the patient to roll up the sleeves of her Kameej/Shirt as the same was tight and the petitioner went out to attend the other patients in the meanwhile. It is submitted that probably due to a communication gap, the lady who was a Nepali National misunderstood the instruction and instead of rolling up sleeves of Kameej 1 Shirt, she lifted her Kameej/Shirt from the abdomen and also loosened her Nara. On seeing this, when the petitioner came back for checking her blood pressure, the petitioner immediately told the husband of the lady who was standing on the door, to advise his wife to roll up the sleeves of her Kameej/Shirt as she has probably by mistake not understood what the petitioner has said and instead opened her clothes. It is stated at this point of time that not only the lady was present, but besides her husband other patients were also present over there. Thereafter, the petitioner checked her blood pressure and both the lady and her husband went off. The petitioner has stated that he narrated this incident to his reliever Mrs. Ranu Mukherjee, Lady Health Visitor before leaving the OPD.

7. It is pleaded that the aforesaid incident was blown out of proportion at the instance of Rifleman Kesar Bahadur Taman of 2/11, Gorkha Rifles, husband of the patient Smt. Khambha Maya Tamang. When the matter was reported to the Commanding Officer (CO), Base Hospital to the effect that the petitioner had committed a civil offence, Major Faruk Siraj of the Base Hospital was detailed to investigate the case and report the matter. The said officer along with Dr. (Mrs.) Sujata Chaudhary, a part time lady Medical Officer conducted the investigation, wherein, after examining the above said lady and her husband, the petitioner was examined. The