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Judgment
Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has filed this application and the relief claimed in the application reads as under :
"(a) To grant release from the military custody of the Respondents
(b) To pass directions to the Respondents to grant leave till the GCM proceedings starts with an undertaking to appear before the GCM.
(c) To grant such other relief appropriate to the facts and circumstances of the case as deemed fit and proper."
On notice being issued, the respondents have filed a detailed counter affidavit and it is stated that on account of certain misappropriation done by the applicant while in service, action was taken against him, FIR was lodged and the proceedings with regard to the FIR is pending in the Court of Judicial Magistrate, First Class, Pune.
In the meanwhile, the applicant was declared as a 'deserter', his whereabouts were not known for a period of more than five years since 2015 and now after evaluation of the material that has come on record, prima facie finding the applicantto have committed a fraud to the tune of Rs.22,08,680/- proceedings are initiated against him with regard to raising false and fraudulent claims during temporary duty in 181 Hospital for the period from 29.08.2012 to 17.04.2013.
Taking note of all these circumstances, he is taken into military custody and the proceedings are in progress, recording of summary of evidence is over and now very shortly, orders would be passed with regard to further action taken and, therefore, considering the fact that the applicant was a 'deserter' for a long period of time, in theabsence of the applicant cooperating in the matter, conclusion of the proceedings may become difficult.
Even though, learned counsel for the applicant argued that the applicant undertakes to be present as and when required on short notice of two days, we are of the considered view that taking note of the prima facie case made out against the applicant and the conduct of the applicant being a deserter and avoiding proceedings being initiated against him for about five years, we see no reason to make any indulgence into the matter.
However, respondents may make endeavour to conclude proceedings at an earlier date.
With the aforesaid, the application stands dismissed.