Judgment

Shivaraj V. Patil, J.—In short the facts leading to filing of these appeals, are as stated below.

Civil Appeal No. 7805/1997

2. The respondent herein joined Navy as a Sailor in April, 1965 and was commissioned in October, 1980. On account of certain alleged misconduct and irregularities, he was tried by General Court Martial on five charges. He was found guilty of the charges 2, 3, 4 and 5 and consequently a penalty of dismissal from service was imposed on him on 26.2.1990. He was given a show-cause notice on 21.6.1991 under Regulation 15(2) of the Navy (Pension) Regulations, 1964 as to why his pensionary benefits should not be forfeited. He sent a reply on 24.7.1991. The appellants informed him on 7.5.1992 that the action will be taken soon pursuant to the show-cause notice issued. However, without waiting any further, he filed a writ petition on 20.1.1993 in the High Court. After the filing of the said writ petition, an order was passed on 28.3.1994 forfeiting 50 of the pensionary benefits. The High Court partly allowed his writ petition and remanded the case giving certain directions to the appellants by the order dated 4.3.1997. Feeling aggrieved by the same, the appel