JUDGMENT

D.P. Wadhwa, J.-Appellants are aggrieved by the judgment dated February 21, 1994 of the Division Bench of the High Court of Judicature : Andhra Pradesh dismissing their appeal against judgment dated April 25, 1991 of the learned single Judge of that High Court whereby the learned single Judge allowed writ petition filed by the respondent and quashed the court martial proceedings held against him including the confirmation of sentence passed upon him by the court martial.

2. A General Court Martial (GCM) under the Army Act, 1950 (for short the Act ) was convened to try the respondent holding the rank of Major in the army on the following charge :

"Charge Sheet

The accused IC-14827F Major Arshad Hussain, 225 Ground Liaison Section Type C attached to AOC Centre, an officer holding a permanent commission in the Regular Army, is charged with :

Army Act - Section 63. - An Act prejudicial to good order and Military Discipline,

in that he,

at Field, between 17 Sep. 84 and 17 Nov. 84, when serving with 225 Ground Liaison Section Type C , lost by neglect twelve (12) pages of the Commander s Operational Brief taken on charge at Serial 115 on the Incoming Top Secret Register o