JUDGMENT

REDDY, J.:- This petition is filed under Art. 32 of the Constitution of India seeking an appropriate writ directing the respondents i.e. Union of India and the Chief of the Army Staff to restore the petitioner to service with all consequential benefits and grant of pension.

2. The petitioner entered the Indian Army in 1939 and served in Burma during the second world war and later joined Indian National Army and fought under the leader-ship of the Netaji Subhash Chander Bose and on India attaining independence, he rejoined Indian Army in 1948 and was promoted to the rank of Hawaldar. He was released from Army service on 15-10-1964 consequent to the reduction of manpower and consequently he joined Defence Security Corps on 14-9-67 and served till 29-7-78. While serving in Defence Security Corps in 1976 at Pathankot, he along with Major Trilok Chand who at the relevant time was serving as their officer and nine others was charge-sheeted by the Court-martial. The charge against them was that Trilok Chand committed the theft of 250 Wheel drums while getting them loaded in a civil truck and that the others abetted the commission of the said offence. Major Trilok Chand was found gu