JUDGMENT

Srinivasan, J.-The respondent was an Army Officer of the rank of Lt. Col. and was posted as Commanding Officer under 116 Engineer Regiment, with head quarter, 17 Mta. Arty. Brde. Nine charges were framed against him on 24.6.1995 and General Court Martial was held from 1.7.95 to 10.11.95. He was found guilty on charges 2, 3, 8 and 9. He filed Crl. Writ Petition No. 1 of 1995 in the High Court of Sikkim on 11.12.95. Thereafter on 2.3.1996 the order of the Court Martial was confirmed under Section 154 of the Army Act. By judgment dated 9.8.96 the High Court allowed the writ petition and quashed the order of the Court Martial. The appellant has preferred this appeal against the judgment of the High Court.

2. The main contention of the appellant is that the High Court has exceeded its power of judicial review under Article 226 and acted as a court of appeal by discussing and appreciating the evidence. Reliance is placed on Nagendra Nath Bora v. The Commissioner of Hills Diven and Appeals1 wherein this court held that the High Court had no power under Article 226 to issue a writ of certiorari in order to quash an error of fact, even though it may be apparent on face of the record