( 1. ) THIS is a writ petition under Articles 226 and 227 of the Constitution of India for quashing order dated 19-11-1991 by which the petitioner has been dismissed from service in a Summary Court Martial proceeding and he has been sentenced to rigorous imprisonment for two months, and for a direction to the respondents to reinstate him in service.

( 2. ) IT is not in dispute that the petitioner was enrolled in the Army Serrvice on 15-6-1984. Hewas Driver (Mechanical Transport ). He was granted leave from 9-5-1991 to 19-5-1991 on his application for attending the marriage of his brother. The petitioner remained absent and joined his duties on 24-8-1991. He overstayed his leave for 98 days. There was recording of "summary of evidence" on 27-9-1991 as per Rule 22 of the Army Rules. On 15-11-1991 a charge-sheet was served on the petitioner alongwith summary of evidence. He was informed that he would be tried by the Summary Court Martial on 19-11-1991. On that date he pleaded guilty to the charge. The petitioner was provided with service of a "friend of accused" on that date. The Summary Court Martial directed dismissal of the services of the petitioner and also awarded rigorou