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Havildar Clerk Surinder Singh, while serving with 1851 Light Regiment, was tried by Summary Court Martial (`SCM' for short) in the year 1999 for an offence, making a false entry in record by tampering with documents, for which he was found guilty and was sentenced to be reduced to rank and suffer rigorous imprisonment for 21 days in military custody. The petitioner was served a show cause notice on 26.2.2000 as he became due for discharge upon being reduced to ranks and was so retired on 23.10.2000. The petitioner has accordingly not only challenged his trial and the punishment awarded to him but also has challenged consequential discharge (retirement) from the service.

CRIMINAL WRIT PETITION NO.752 OF 2002 :{ 2 }:

Having been enrolled in the Army on 30.8.1983 as a Clerk, the petitioner was serving with 103 Air Defence Regiment in the year 1999. A Part II order was published in the Unit, showing that the petitioner had passed a promotion cadre from Niak to Havildar. It is alleged that the petitioner entered his name showing himself to have passed promotion cadre of Naik to Havildar, which was a false entry made by him to obtain for himself the advantage of promotion to the rank of Havildar. Thereafter, the petitioner statedly served as Havildar.

Notice of motion was issued. Reply is filed by the respondent-Union of India.
CRIMINAL WRIT PETITION NO.752 OF 2002 :{ 5 }:
As per the respondents, the writ petition is totally misconceived. The respondents would allege that the petitioner has not disclosed the true facts of the case. As per the reply, the petitioner was posted to 103 A.D. Regiment in January 1990 as a Naik (Clerk). He was performing the duties of Clerk of Regimental Head Quarters Troops. In that capacity, the petitioner was responsible for matter concerning the documentation, including preparation of Part II orders, which are issued by all Regiments to notice the events like promotion etc. in the Regiment. The petitioner neither attended the promotion cadre for promotion from the post of Naik to Havildar nor passed any test during his tenure with 103 A.D. Regiment but he made a false entry in Part II order issued on 21.12.1992 signed by his Officer Commanding, adding his name showing that he has passed promotion cadre from Naik to Havildar.
in Section 122 of the Army Act.
The plea of the respondents further is that even the limitation would commence from the year 1998, when the Court of Inquiry finally was concluded and the allegations against the petitioner were established but still, the respondents have given benefit of the period from 14.4.1997, though the limitation could really be stretched and indeed would commence w.e.f. the year 1998, when the Court of Inquiry proceedings were finalised. Incidentally, the petitioner has not raised any plea of bar of trial as per his rights under Rule 53 of the Army Rules during his trial. The petitioner could have raised a plea-in-bar of trial at the time of his general plea of `guilty' or `not guilty' to the charge on the ground that the time which has elapsed between the commission of offence and commencement of trial is more than three years and the limit of time for trial is not extended under Section 122. The petitioner did not raise any such plea before his trial by SCM and can not normally be heard to raise this plea now having not raised it before his trial. Still, I have considered his plea rather minutely on the basis of material on record. There is no document on record to support the plea that the false entry was to the notice or knowledge of the competent authority. What was known was that the petitioner was wearing the rank of Havildar and not that he has made a false entry in the Part II order, showing to have passed the Cadre for promotion from Naik to Havildar. The offence alleged was not to the knowledge of the competent authority and surfaced only when the old Part II orders were scrutinized on 14.4.1997. I, therefore, do not find any substance CRIMINAL WRIT PETITION NO.752 OF 2002 :{ 12 }: