25 years after dismissal, soldier’s conviction by court martial set aside and pension granted
Vijay Mohan
Chandigarh, August 9
Twenty-five year after a soldier was dismissed from service by a summary court martial (SCM) for overstaying leave, the Armed Forces Tribunal has set aside the conviction and granted him monetary benefits.
In 1998, the soldier had proceeded on 64 days leave, which he overstayed by 79 days due to his wife’s illness. He claimed to have sent a telegram to his unit for extension of leave, but it was not sanctioned. A court of inquiry declared him to be a deserter.
When he voluntarily rejoined duties, he was tried by an SCM and dismissed from service in November 1998. An appealed filed by him against his conviction was also dismissed in May 1999, following which he sought judicial redressal.
In his petition, he contended that the SCM was held without affording him sufficient opportunity for defence and the punishment of dismissal in view of his wife’s illness and the fact that he voluntarily surrendered, was disproportionate to the gravity of the offence.
“In the case at hand, the punishment has been awarded on the petitioner when he had put in more than 10 years’ service. It shocks our conscience and seems to be question of non-application of mind while dealing with the quantum of punishment awarded to the petitioner,” the Tribunal’s Bench comprising Justice Anil Kumar and Maj Gen Sanjay Singh observed in its order of August 8.
“We are of the opinion that quantum of punishment of dismissal from service seems to be excessive, unreasonable, unjust and disproportionate to the offence committed by the petitioner,” the Bench added.
Keeping in view petitioner’s length of service and the fact that he overstayed leave on account of his wife’s illness for which he made communication for extension of leave and his volunteer surrender before the Army authorities we are of the view that the petitioner should have been dealt with leniently so that he could have received pension for the services rendered to the organization, the Bench held.
Setting aside the dismissal order, the Bench ordered that the petitioner shall be treated to have been in service notionally till the time he would have completed the qualifying service for grant of pension. However, no back wages shall be admissible and the arrears of the pension, as per law, would be restricted to three years preceding the date of filing the petition.
