JUDGMENT 1. - By way of this writ petition the petitioner has prayed that by an appropriate order or direction declared the action of the respondents of orally terminating the services of the petitioner to be illegal and direct the respondents to take him back on his duties with all consequential benefits of pay and other allowances with his back salary of the period, or in the alternative the respondents may kindly be directed to award any lesser punishment under Section 39 of the Act except making him jobless and also prayed for any other appropriate order or direction. 2. The case as set up by the petitioner in short is that he was selected and enrolled as SWR in June 1993, in 41 Armed Regiment in the Army. After successfully completion of twenty months training he was posted as SWR at Helper in Bikaner in March 1995 and worked on his post upto 05.02.2001. 3. On 02.11.1999 suddenly he felt severe stomach pain and was treated in Gastroenterology Centre Army Hospital Delhi Cant-I and he remained admitted in the Military Hospital for treatment of the stomach pain w.e.f. 13.12.1999 to 24.12.1999 and with effect from 19.10.2000 to 31.10.2000. When no relief was received by the allopathic treatment taken in various Army Hospitals as stated above he went on leave to his home and took homeopathic treatment from his village doctor and felt relieved from stomach pain. 4. But on 5.02.2001 he again felt severe stomach pain. He requested the respondents to grant him leave to consult his doctor in his village as the medicines prescribed by his doctor were finished. But, he was informed that leave would be granted to him after collective training which was to be terminated on 08.02.2001. As the petitioner was feeling severe pain and his medicines were finished he ultimately leave the Head Quarter of his place of posting on 06.02.2001 and reached to his village and took treatment there. 5. He remained under treatment in his village upto 26.11.2001 by which he regained his lost health and his stomach pain also self sided. That on 27.11.2001 he voluntarily joined his duties at A.C. Depot Ahamadnagarh. 6. A charge sheet under Army Act, 1950 Section 39(a) was issued to him on 15.02.2002 on the ground of absent at the field without leave w.e.f. 06.02.2001 to 26.11.2001. 7. That on 27.11.2001 he voluntarily joined his duties at A.C. Depot Ahamadnagarh. 6. A charge sheet under Army Act, 1950 Section 39(a) was issued to him on 15.02.2002 on the ground of absent at the field without leave w.e.f. 06.02.2001 to 26.11.2001. 7. On 22.03.2002 he was orally informed by the respondent No.2 that his services has been terminated. 8. The Section 39 of the Army Act runs as under : "39. Absence without leave - Any person subject to this Act who commits any of the following offences, that is to say - (a) absents himself without leave; or (b) without sufficient cause overstays leave granted to him; or (c) being on leave of absence and having received information from proper authority that any corps, or portion of corps, or any department, to which he belongs, has been ordered on active services, fails, without sufficient cause, to rejoin without delay; or (d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or (e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line or march; or (f) when in camp or garrison or elsewhere is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or, written leave from his superior officer, or (g) without leave from his superior officer or without due cause, absents himself form any school when duly ordered to attend there." 9. On the other hand on behalf of respondents Mr. Sanjay Pareek has appeared and stated that the petitioner was proceeded on 14 days casual leave from 13 November to 26th November 2000. On expiry of leave, he reported to unit and requested for more leave on the pretext of getting himself treated at Village. As the petitioner had availed all entitled leave of the year, Officer Commanding Squadron advised him to take treatment from Military Hospital and not from any unauthorized source. 10. The petitioner absented himself without leave and rejoined voluntarily on 26th December, 2000. Thus, the petitioner had committed an offence under Army Act and for which he was awarded 28 days rigorous imprisonment in military custody. 11. After completion of sentence the petitioner joined the unit in training location. 10. The petitioner absented himself without leave and rejoined voluntarily on 26th December, 2000. Thus, the petitioner had committed an offence under Army Act and for which he was awarded 28 days rigorous imprisonment in military custody. 11. After completion of sentence the petitioner joined the unit in training location. The petitioner again requested to leave of 10 days for consulting doctor and procurement of medicines from his village. The Officer Commanding Squadron informed him that he could proceed on two days casual leave and balance leave would be granted after termination of collective training on 08 Feb. 2001. Since the petitioner requirement of leave could not be met due to ongoing collective training, the petitioner absented himself without leave with effect from 06 Feb. 2001. 12. After remaining absent from 295 days, the petitioner rejoined voluntarily on 27 Nov. 2001 at AC Depot ACC & S Ahmednagar. 13. On March 22, 2002, the petitioner was tried by Summary Court Martial under Section 39(a) of Army Act and sentenced to be dismissed from service and termed the punishment as appropriate.It is also contended by the respondents that prior to absenting himself, the petitioner neither reported sick as per the normal practice nor did he inform his superiors/colleagues of any ailment. 14. That prior to conduct of trial, summary of evidence was recorded which besides bringing out facts of the case, provided ample opportunity to the petitioner to make statement in his defence, produce defence witness as well as to cross examine all prosecution witnesses. During trial, the petitioner unequivocally pleaded guilty and opted not to make a statement in reference to the charge or in mitigation of punishment nor produced any defence witness. The petitioner was sentenced dismissed from service by summary court martial after due consideration of evidence. The summary court martial was conducted as per the proper laid down procedure. 15. That the petitioner was tried for his second offence of absent without leave for his first offence without leave from 29 Nov. to 26 Dec. 2000, he was awarded a punishment of 28 days rigorous imprisonment in military custody. The petitioner completed his sentence on 26 Jan. 2001 and again absented himself without leave on 06 Feb. 2001, within ten days of completion of his sentence and remained absent for 295 days. 16. to 26 Dec. 2000, he was awarded a punishment of 28 days rigorous imprisonment in military custody. The petitioner completed his sentence on 26 Jan. 2001 and again absented himself without leave on 06 Feb. 2001, within ten days of completion of his sentence and remained absent for 295 days. 16. I heard the learned counsel for the parties and also gone through the record of the case. 17. That the petitioner had more than seven years service at the time of commitment of offence second time in quick succession and the consequence were known to him. 18. That the welfare of soldiers is looked after by his superiors. Medical facilities are produced round the clock. The petitioner was provided all opportunities to get himself treated at military hospitals. 19. Having carefully scanned the material on record I find that the action of the petitioner itself is violation of `good order and military discipline'. 20. For these reasons, I do not find any merit in this writ petition and the same is hereby dismissed with no order as to costs.Writ Petition Dismissed. *******