G. Rajamurthy vs The Colonel, Commanding Officer and The Presiding Officer, Summary Court Marshal and Captain, Adjutant for Commanding Officer

Markandey Katju, C.J.—This writ appeal is filed against the impugned judgment of the learned single Judge dated 6.11.2001.

The petitioner/appellant was in the Indian Army and he was absent without leave from 29.9.1991 to 17.1.1992, that is for a period of 111 days.

He was tried by the Summary Court Marshall and was given the punishment of two months rigorous imprisonment and was also dismissed from

service. His appeal also failed and hence he filed the writ petition. The present writ appeal is against the order dismissing the writ petition.

In army service very high standards of discipline are required, otherwise, the armed forces cannot function properly. No member of the armed

forces can absent himself without leave from the competent authority, and if he does so, it is serious misconduct.

There is a difference between standards of discipline in civil services and armed forces. There may be lower standards of discipline in the civil

services, but in the armed forces there must be high standards of discipline, otherwise, the army cannot fight with the enemy.

The petitioner gave an excuse that he was absent without leave because his mother was ill. Even assuming that his mother was ill, he should not

have absented himself without taking leave from the competent authority as the Nation is bigger than his mother. No member of the armed forces

can absent himself from duty without leave on any pretext whatsoever.

Since the petitioner/appellant committed serious misconduct, we see no reason to interfere with the impugned order. The writ appeal is

dismissed.