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1977 Supreme(SC) 168

Y.V.CHANDRACHUD, P.K.GOSWAMI, P.N.SHINGHAL
Naik Subedar Lachhman Dass – Appellant
Versus
Union Of India – Respondent


Judment

CHANDRACHUD, J. - The appellant was dismissed from service by an order of the Court Martial dated May 17, 1966. He filed an appeal from that order to the Chief of Army Staff, who by his order dated December 21, 1966 set aside the order of dismissal and substituted in its place an order of discharge with retrospective effect from July 11, 1966. Four years thereafter the appellant filed a writ petition in the Delhi High Court on September 22, 1970 which was dismissed in limine by the High Court on November 25, 1970. This appeal by special leave is directed against that order.

2. The writ petition filed by the appellant in the High Court shows that various ill-conceived remedies were adopted by him after the Chief of Army Staff passed, the order dated December 21, 1966. In December 1968, which itself was two years later, the appellant filed a writ petition in this Court under Article 32 of the Constitution which he withdrew on March 19, 1969. In May, 1969 he filed another writ petition under Art. 32 which was dismissed by this Court on September 1, 1969. He then filed a review petition on August 3, 1969 which was dismissed by this Court on December 19, 1969. In February, 1970 he





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