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2005 Supreme(All) 2581

V.K.SHUKLA
BRIJESH KUMAR SINGH – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.C. Singh, adv
For the Respondent: Rakesh Sharma, C.S.C. and B.B. Saxena, adv

JUDGMENT :

V.K. Shukla, J.

Petitioner, in the present writ petition, is assailing the validity of the proceedings undertaken by way of Summary Court Martial held at No. 1 Military Training Battalion, A.M.C. Centre and School, Lucknow and the appellate order passed thereafter rejecting statutory appeal as well as supplementary appeal preferred on behalf of the Petitioner and further the consequential orders directing discharge of the Petitioner from Army with effect from 1.1.2003 consequent upon award of punishment of “reduced to ranks” by Summary Court Martial.

2. Brief background of the case, as disclosed in the writ petition, is that Petitioner was enrolled in the Army Medical Corp in the category of Ambulance Assistant as Sepoy. His Army Number has been 13954391-A. Subsequently, he was promoted to the rank of Naik/Ambulance Assistant. Service conditions of the Petitioner are governed by Army Act, 1950, Army Rules, 1954 and the Regulations framed thereunder. Petitioner submits that his carrier has been exemplary and outstanding. Petitioner had been posted as Drill instructor at No. 1 Military Training Battalion, A.M.C. Centre and School, Lucknow, and had been performing and discharg




































































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