A Summary Court-Martial must follow the procedure laid down in the Army Act and the Army Rules, and the rules of natural justice. Dismissal from service is a legal punishment that can be awarded by a Court-Martial under Sections 71 and 73 of the Army Act.

BARMAN C. J.

( 1 ) THE petitioner -- a Jawan cadet in the 54 A. D. Battery, 19 Air Defence regiment of the Indian Army at present in Cuttack Jail -- challenges the order dated August 8, 1967 of the Lt. Colonel Commanding 19 Air Force Regiment, by which the petitioner was awarded six months' rigorous imprisonment and was also dismissed from service, stated to have been passed after trial by a Summary court-Martial in the said Unit, on a charge of having committed the offence of, without sufficient cause, overstaying the leave granted to him, under Section 39 (b) of the Indian Army Act, 1950 (Central Act 46 of 1950 ).

( 2 ) ON March 2, 1967 the petitioner was granted leave for two months with effect from that date and was permitted to proceed to his village to avail of the leave. While on leave, the petitioner is said to have fallen ill from April 29, 1967 and is stated to have been in a delirious condition until May 3, 1967. He got a medical certificate from the Government Hospital at Delang in the district of Puri and on July, 25, 1967 the petitioner reported to duty. Soon thereafter, he was put in custody by the military authorities. The petitioner's illness relapsed and he was under medical treatment in the military hospital while in custody. The disease, which was found to have relapsed, was found to be chronic.

( 3 ) ON August 3, 1967 the petitioner was charged under Section 39 (b) of the indian Army Act with the offence of having, without sufficient cause, overstayed the leave granted to him, in that the petitioner, having been granted leave of absence from March 2, 1967 to May 2, 1967 to proceed to his home, failed to rejoin duty on the expiry of the said leave without sufficient cause till he voluntarily joined, on July 25, 1967. He was charged by the Officer Commanding 19th Air Defence Regiment; in the charge-sheet it was also stated that he was to be tried by Summary Court-Martial.

( 4 ) WITHIN five days thereafter, by an award of punishment by Summary Court-Martial the petitioner was sentenced to six months' rigorous imprisonment and also dismissed from service with effect from August 7, 1967. This writ petition was filed on November 30, 1967 against the Union of India represented by the Chief of indian Army Staff 56 A. P. O. A counter affidavit was filed by Station Staff Officer, station Head Quarters, Cuttack on behalf of the Union of India in support of the award of punishment to the petitioner by the Summary Court-Martial.

( 5 ) THE grounds on which the petitioner challenges the impugned order of imprisonment and dismissal are, in substance, these: The entire proceedings of the Summary Court-Martial were conducted in violation of the procedure laid down in the Army Act and the Rules made thereunder; the charges which were in english were not explained to him in Oriya the language he understands; that the entire proceedings were conducted in English and he had no opportunity to defend himself or adduce evidence in rebuttal. It was further contended that the award of two punishments for one offence, namely imprisonment for six months and dismissal from service was illegal in that Section 39 of the Act provides that any person subject to the Act who commits any of the offences, including the offence of, without sufficient cause, overstaying leave granted to him, shall, on conviction by a Court-Martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as mentioned in the Act; that section does not provide for dismissal from service as a punishment.

( 6 ) THE scheme of the Army Act shows that the Courts-Martial were intended to, be quasi-judicial bodies required to follow the principles of natural justice. Chapter X of the Act (containing Sections 108 to 127) deals in some detail about the functioning of Courts-Martial on the same lines as a Court of law. Chapter XI (covering Sections 128 to 152) deals with the procedure of Courts-Martial. Section 130 (quoted be