JUDGMENT

S. N. Variava, J.-Leave granted.

2. Heard parties.

3. These Appeals are against an Order dated 16th March, 2001 by which two Appeals, one filed by the Appellant (herein) and the other filed by the Respondent (herein), were dismissed.

4. Briefly stated the facts are as follows:

The Respondent was, at the relevant time, serving as Deputy Commandant of Assam Rifles. On 28th November, 1986 he was served with a charge-sheet. Thereafter a General Court Martial was held and the Respondent as found guilty of four of the charges. The penalty of dismissal from service was imposed on the Respondent. The Central Government dismissed the Appeal filed by the Respondent. The Respondent then filed a Writ Petition in the High Court. By an Order dated 14th October, 1999, a Single Judge of the High Court held that the Court Martial had been properly conducted and that there was no breach of principles of natural justice. It was under held that the four charges had been established in the General Court Martial and that the Respondent was liable for punishment. It was however held that having regard to the nature and degree of the offences established the extreme and severe punishment of dis