(Order of the Court was delivered by G.R.Swaminathan, J.)

Heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India for the respondents.

2.The writ petitioner was enrolled in the Indian Army on

19.12.2016 and assigned to course 110, Platoon-213 (Assaluttar Company) for basic military training. On 12.04.2017 at about 8.30 pm, the petitioner got into an altercation with a fellow recruitee by name Bonda Gopala Krishna. Bonda Gopala Krishna suffered grievous injuries (Fracture RT mandible). He complained to the superior authorities. In this regard, court of inquiry was held against the petitioner on 05.05.2017. Two charges were framed against the petitioner. They were as follows:-

“(i) Without sufficient cause failing to appear at the place appointed for duty.

(ii) An act prejudicial to good order and military discipline.”

When the petitioner was questioned, he pleaded guilty to both the charges. He only sought pardon and undertook not to repeat such acts. However, summary court martial was of the view that the petitioner's conduct was not in consonance with the military discipline and hence, awarded the sentence of dismissal from service vide order dated