1. The petitioner was engaged in the Indian Army as Sapper/Cook in the year 1989, and was serving in 62 Engineer Regiment. He was attached with the Station Head Quarter, Nagrota and was performing the duties of Sayahak to Lt. Col. Darshan Singh of Station Headquarter, Nagrota. The petitioner applied for going on leave w.e.f. 14.6.2001. However, on 13.6.2001 i.e. a day prior to the proceeding on leave from 1700 hours to 2230 hours he absented himself from duty. He was charge sheeted and tried by the Summary Court Marshal for remaining absent from duty for a period of 5 1/2 hours on 13.6.2001. The accused/petitioner in his statement made during the Summary of evidence stated that he had gone to Jammu city to make purchases for himself. It is the admitted case of the respondents that the accused/petitioner had himself joined back his duty at 2230 hours on 13.6.2001. The accused/petitioner however pleaded guilty to the charges. The offence for remaining absent from duty is covered by Section 39 clause (a) of the Army Act 1950, it carries punishment of imprisonment for a term which may extend to three years or such less punishment as mentioned in the act. Accepting the plea of guilt of

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