JUDGMENT

KANIA, J.:— This is a petition under Art. 32 of the Constitution of India praying for an order quashing the sentence of "Severe Reprimand" imposed on the petitioner by respondent No. 3, Major General B. S. Malik, and for setting aside his attachment with 54th Field Regiment (hereinafter referred to as "Fd. Regiment"). Respondent No.1 is the Defence Secretary of the Union of India. Respondent No. 2 is Captain P. R. Dutta and respondent No. 3 is Major General B. S. Malik of Headquarters 12 Corps.

2. The petitioner was commissioned in the Indian Army on January 12, 1969, and was promoted to the substantive rank of Major on March 11, 1983. In January 1986, the petitioner joined 63rd Fd. Regiment as second in command. The 24th Rising Day of the Unit to which the petitioner was attached fell on September 1, 1986. Several guests were invited for the celebration of the occasion. At about 10.30 p.m. on August 29, 1986, the petitioner visited the single officers quarters of the Unit to persuade respondent No. 2, Capt. P. R. Dutta Regimental Medical Officer of the Unit, to loan his steel almirah, taken, by him from the Army Stores, for two or three days for use in the guest room of th