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Judgment
OA (Appeal) 2175/2021
Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007, the wife of the employee concerned NC (E) Harender Kumar, a LASCAR of 27 Wing, HQ South Western Air Command, Indian Air Force, Lekawada, Gandhinagar, has filed this appeal claiming the following reliefs:
" Not to confirm the finding and sentence of the aforementioned court-martial, if not confirmed, till the applicant prefers a pre-confirmation petition under section 161(1) of the Air Force Act, 1950. Any pre-confirmation petition purported to be submitted by the husband of the applicant through the aforementioned Defending Officer or by himself may be disregarded;
(b) To provide the following documents to the applicant:-
(i) The Informal Charge Sheet (P-13) and Compliance of Rule 24 AFR Proforma iro the hearing of charge held in the case;
(ii) Report on Application (RAT) for trial on which trial by DCM of NC (E) Hare nder Kumar was ordered.
(iii) The Summary of Evidence (SoE) recorded in the case along with the Formal Charge Sheet on which the SoE was recorded;
(iv) Proceedings of the DCM held in the case;
(v) Opinion of the service Psychiatrist obtained with respect to the soundness or otherwise of mind of the huysband of the applicant at the time of commission of the alleged charge, as well as his fitness to undergo trial in terms of Army Order 13/2001 on the subject."
It is the case of the appellant that her husband is a psychiatric patient and without understanding the implication of the action being taken against him in the DCM, he made certain submissions pleading guilty in the matter which could not be accepted and therefore challenging the three months detention and the dismissal order this appeal has been filed for the reliefs as claimed for.
A two-fold grievance was made before us at the time of hearing; one that the applicant should be released from custody/attachment, permitted to undergo treatment for the ailment and the second that the appellant, wife of the employee, is unable to get the appeal prepared for challenging the dismissal order in the absence of the Court Martial proceedings and findings of the Court Martial being supplied to her.
Today during the course of hearing learned counsel for the respondents has produced before us the order passed by the HQ South Western Air Command, Indian Air Force, Lekawada, Gandhinagar and on going through the same we find that the sentence of imprisonment has been remitted and the husband of the appellant has now been released. That being so, the prayer made in the OA for release from custody/attachment has been rendered infructuous. As far as grant of Court Martial proceedings and the findings of the Court of Inquiry proceedings are concerned, we see no reason as to why the same should not be supplied to the appellant, wife of the employee concerned, looking to the peculiar facts and circumstances of the case, particularly the mental health of the appellant's husband. That apart, learned counsel for the respondents fairly states before us that the respondents will supply to the employee concerned the Court Martial proceedings and the findings of the Court of Inquiry to the extent permissible under the statutory rules.
That being so, we dispose of this matter directing the respondents to supply the proceedings of the Court Martial and the findings of the Court of Inquiry in accordance to the statutory rules within a period of fifteen days form the date of receipt of a copy of this order and the appellant, wife of the employee concerned, will be at liberty to challenge the punishment now subsisting under Section 15 of the Act by invoking the jurisdiction of this Tribunal. All such medical documents/papers which are required for preparation of the appeal so also the medical documents required by the appellant for further treatment of her husband should also be supplied to the appellant as per the rules.
In view of the aforesaid, the matter stands disposed of.
DASTI