Brother asked for leave but officer has not sanction the leave
My brother is serving in Indian Army and he said to his commanding officer for leave, because he want to short out his family problems but his officer has not sanction his leave and said him for a charge sheet and a punishment. Sir, his 30 days annual leave and 25 days casual leave is already balance for this year. Sir please give some idea to short out this
Leave in Army is not matter of right, it's a privilege, however the officer can not ignore the requirements of a soldier. The leave of soldier can be postponed depending on commitment of the unit but cannot be denied to him. Due to leave application Commanding officer can not award punishment. The CO is also bound by law and his duties, he can only act as per commitment of the unit and not as per his will and caprice.
In my opinion if balance of leave available he should get his leave, sooner or later, but cannot be denied. Regds
Advocate Wg Cdr Ajit Kakkar (Retd)Dwarka, Delhi
What is the charge and punishment awarded.Depending on these facts a correct legal opinion can be given.
However if the your brother is aggrieved by his CO order he can skeep commanders interview.
Further if the punishment you is given because of malafide/ is arbitrary you can file a statutory complain against the CO
Advocate Maj Sangeeta TomarChitranjjan Park, Delhi
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