JUDGMENT

M.K. Mukherjee, J.-Leave granted.

The appellant was a permanent Commissioned Officer of the Indian Army holding the substantive rank of Major. While he was posted at the Military Farm in Jullunder City he was served with a notice dated September 10, 1990 issued under the directions and on behalf of the Chief of the Army Staff calling upon him to show cause why his services should not be terminated under Section 19 of the Army Act, 1950 ( Act for short) read with Rule 14 of the Army Rules, 1954 ( Rules for short) for the misconducts he was found to have committed during his tenure as the Officer in-charge of the Military Farm, Jaipur. The misconducts are set out in paragraph 3 of the notice but as they are not germane for the purpose of this appeal, it is not necessary to detail them. The reasons which prompted the Chief of the Army Staff to take recourse to the above provisions of the Act and the Rules are contained in paragraph 4 of the notice, which reads as under:

"And whereas the Chief of the Army Staff is further satisfied that your trial for the above misconduct is impracticable having become time barred by the time the Court of inquiry was finalised and he is of the