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(iv) Recommendations of the Court of Enquiry although noticed by the Commanding Officer himself in the Summary Court Martial Proceedings having not been taken into consideration, the said authority must be held to have misdirected itself in law. Had the recommendations been taken into consideration, the Commanding Officer would have regularized his leave and in any event he having been found to be admitted in a Medical Hospital or in a Hospital as a patient, the findings of unauthorized absence is perverse.

15. Although he is said to have absented himself on and from 10.7.1990, it now transpires that he had been admitted at the Command Hospital, Ambala Cantt from 11.7.1990. This discrepancy has not been explained. The Court of Enquiry in the aforementioned situation must be presumed to have made recommendations for regularization of his leave upon consideration of the relevant records and particularly the movement orders. It is true that the opinion of the Court of Enquiry is only recommendary in nature but it is also true that the Commanding Officer in a proceeding for Summary Court Martial was required to take that fact into consideration. It is one thing to say that the recommendations of the Court of Enquiry had not been accepted but then if such recommendations had been made having regard to the materials which were brought on the records by the respondents themselves, we are of the opinion that it was obligatory on his part to assign some reasons in support thereof. It is evident that the premise on which such recommendation has been made by the Court of Enquiry was not taken into consideration in the Summary Court Martial proceeding.