Judgment

B.P. Singh, J.—The Union of India has preferred this appeal by special leave against the judgment and order of the High Court of Delhi dated August 3, 1995 in Civil Writ Petition No. 245 of 1986 whereby the High Court allowed the writ petition filed by the respondent herein and while setting aside the order of dismissal passed by the Court Martial after trial, directed his reinstatement in the same post which he held when he was dismissed, but made his continuation in the same post subject to medical fitness. It also directed payment of 50 of the back wages to the respondent from the date of dismissal till the date of the judgment.

2. The case of the respondent in the writ petition was that he was commissioned in the Indian Air Force on 27th June, 1970 and was appointed to the substantive post of Flight Lieutenant on 27th June, 1976. In the year 1976 he was posted at Udhampur. In the course of his duties he found certain irregularities in the matter of transportation of explosives, which were being transported piecemeal at higher rates. He, therefore, brought this to the notice of the authorities and pointed out that Air Marshal Dilbagh Singh had passed orders, which were b