Jawan from Bihar dismissed from service, awarded 9 months’ rigorous imprisonment for desertion

Singh retired from the Army in January this year, even as the disciplinary proceedings against him were in progress, and was attached to an Army Unit post-retirement under Section 123 of the Army Act.

Charges levelled

Three charges were levelled against the jawan, and he was found guilty of two of them. The first charge related to deserting the service under Section 38(1) of the Army Act. As per this, it was alleged that on July 9, 2019, Singh left without leave from the Command Hospital (Central Command) in Lucknow until he reported to the Military Hospital in Namkum, Ranchi, on December 16, 2022.

The second charge against him was under Section 69 of the Army Act pertaining to the use of a forged document at the Namkum hospital on December 16, 2022. The third charge was under Section 63 of the Army Act (act prejudicial to good order and military discipline), in which he was accused of falsely telling a superior officer that all his medical documents were taken away by the Board of officers.

Major General Bharat Mehtani, General Officer Commanding, 9 Infantry Division, had ordered Singh to be tried by the DCM in June this year. The jawan was found guilty of the first two charges and not guilty of the third. The DCM’s punishment is subject to confirmation by higher authorities.

During the course of the trial, prosecution witnesses deposed that the accused was shown to be at the military hospital without specifying the name of the hospital, and it remained so till he reported back to the unit.

Letters of complaint

The battalion of the accused and the division headquarters of the unit in Meerut also received some letters of complaint, which seemed to have originated from his village after confrontations took place between certain people and groups within the village. These complaints alleged that the jawan had been staying in his village for a prolonged period of time, even though he claimed that he was serving in the Army.

Singh had been admitted to the Military Hospital in Namkum, Command Hospital in Lucknow, and the Army Hospital (R&R) in Delhi Cantonment for the treatment of cancer. His battalion presumed that he was under treatment while he was allegedly in his native village in Bihar.

The defence counsel for the accused, however, contended during the trial that Singh had a meritorious track record, having suffered grenade injuries on his face during his training regimen at a forward location. He said the false complaints against him originated because of rivalry in the village, which is a common phenomenon in the country and that he was also present and accounted for during his treatment.

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