JUDGMENT

AMARENDRA NATH SEN, J.:—The appellant was employed in the Air Force as an airman. On the expiry of the period of service of 9 years the appellant in terms of the relevant provisions of the regulation made an application for the term of his service being extended by another 6 years. Unfortunately for the appellant, the appellant got involved in a criminal case in relation to theft of certain Mig Batteries. The authorities concerned after holding an enquiry decided to hand over the case to the Municipal Court instead of trying the appellant by Court Martial. Before any order had been passed on the said application of the appellant for extension of his term the appellant continued in service for a further period of one year in view of the provisions of D. 1. Rules. As the appellant happened to be an accused in the criminal case the authorities concerned on the bask that the appellant was an accused in a criminal case and was likely to be convicted of the charge of theft, discharged the appellant considering the appellant to be unsuitable by order dated 6-4-1973. The appellant was, however, actually discharged on 19-11-1973. Against this order of discharge the appellant filed