Judgment

ALAGIRISWAMI, J. :- The petitioner was an officer of the Indian Army who served in Bangla Desh. Only 11th December, 1971 he was in a place called Hajiganj. He was tried before the Summary General Court Marital on the charge of committing robbery at Hajganj by causing fear of instant hurt to the Custodians of the United Bank Ltd., of certain properties belonging to the Bank and also the personal property of the Manager of the Bank as well as of a Chowkidar of the Bank. The Court sentenced the petitioner to be cashiered . This sentence was subject to confirmation under the provisions of Chapter XII of the Army Act. Maj.-Gen. Hira, General Officer Commanding, 23 Mountain Division, of which the petitioner was an officer, passed an order directing the petitioner was brought before the same Court Martial, as had tried him earlier, and he was asked whether he wanted to address the Court. On receiving a reply in the negative, the Court, after considering the observations of the confirming authority, revoked the earlier sentence which they had imposed on the petitioner and sentenced him to be cashiered and to suffer rigorous imprisonment for two years. Brig. B. P. Bhilla, the Offic