Pradeep Nandrajog, J.

1. The writ petitioner has laid a challenged to the order dated April 30, 2012 passed by the Armed Forces Tribunal, Principal Bench, New Delhi dismissing TA No.243/2010 filed by the writ petitioner.

2. The writ petitioner had prayed before the Tribunal that the orders dated May 05, 2006 and May 08, 2006 rejecting his representation concerning his trial and conviction at a Summery Court Martial proceedings be set aside on account of new material surfacing.

3. The petitioner was enrolled in the Indian Army on July 29, 1988 as a Clerk and after training was attached to the Corps of Engineers. He was posted to 201 Engineering Regiment.

4. The petitioner submitted an application seeking advance annual leave for 30 days which was sanctioned. The next year he applied for 60 days’ annual leave which was sanctioned to him on March 11, 1994. Before expiry of the leave he was asked to report back and in respect of which the case of the respondents is that a telephone message was sent to him to return which fact was recorded in the telegram log book on April 09, 1994.

5. The reason why sanctioned leave was curtailed from 60 days was the allegation by the respondent