1. This writ petition was filed way back in 2004 making a grievance against dismissal of the petitioner from service pursuant to a Summary Court Martial. The writ petition was dismissed for default on 06/06/2006. However, later on it was restored. Thereafter the writ petition was again disposed of on merit by order dated 16/05/2007. Such dismissal was on account of failure on the part of the petitioner to challenge the subsequent order of compulsory retirement dated 16/04/2004. Although, the writ petition was filed on 20/07/2004 but the petitioner did not challenge the order of compulsory retirement dated 16/04/2004. The order of dismissal having merged with that of order of compulsory retirement and in absence of any challenge to the same, the writ petition was dismissed. However, on perusal of materials on record, it appears that the writ petition was again restored to file vide order dated 18/09/2014 passed in MC No. 2718/2014 for the reasons stated in the said order.

2. It appears that the petitioner filed an amended writ petition incorporating the order of compulsory retirement. As stated in the writ petition, the petitioner was tried under Summary Court Martial for the offence under Section 56(a) of the Army Act. Section 56 reads as follows :-

“56. False accusations. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or

(b) in making a complaint under section 26 or section 27 makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false or knowingly and wilfully suppresses any material facts; shall, on conviction by court-martial be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.”

3. Pursuant to the SCM, the petitioner was dismissed from service which was later on converted to that of compulsory retirement. According to the petitioner, his superior officer one Major Parminder Singh had allowed him to go on leave on 21/04/2001. The petitioner submitted further application seeking extension of leave which was declined. According to the petitioner, such extension of leave having not been granted, he had to rejoin duty. Further statement made in the writ petition is that he was hospitalized for the period from 21/04/2001 to 26/04/2001. According to him, aforesaid Major Parminder Singh, Coy Cdr. i.e. the respondent No. 4 got annoyed because of over-staying leave beyond 21/04/2001 and also for putting up leave application in the office. The petitioner has alleged assault on him by said Major Parminder Singh because of which he had to be hospitalized. The petitioner has also alleged ill treatment to his wife and child by said Major Parminder Singh.

4. The petitioner was served with the charge sheet dated 23/07/2002, which is reproduced below :-

“TENTATIVE CHARGES

The accused No. 2701512X Rfn/GD Mohan Arya of 27 Assam, Rifles a person subject to the Army Act as a sepoy under Sec 4(1) read with SRO 117 of 28 Mar 60 and SRO No. 318 of 26 Dec 62 is amended by SRO No. 325 of 31 Aug 77 is charged with :-

1.	ARMY ACT SEC 56(a)	MAKING FALSE ACCUSATION AGAINST A PERSON SUBJECT TO THE ARMY ACT KNOWING SUCH ACCUSATION TO BE FALSE
		In that he, at field in May 2002, in an application addressed to DGAR has stated that he was beaten by IC-50769N Maj. Parminder Singh, JC-2700201X Nb/Sub (GD) Nandan Singh, No. 2700437X Hav/GD Jibon Gogoi and No. 2701192N Hav/GD K.C. Patni on 23 April 2001, well knowing that the said statement to be false.
2.	ARMY ACT SEC-56(A)	MAKING FALSE ACCUSATION AGAINST A PERSON SUBJECT TO THE ARMY ACT KNOWING SUCH