JUDGMENT

THOMMEN, J.:—The appellant - the Union of India challenges the judgment of the Allahabad High Court setting aside the revised findings of the General Court Martial (the GCM) and the sentences imposed, as confirmed by the Order of the competent authority dated 29-8-1986, in respect of the present respondent, J. S. Brar, who was a Major in the Indian Army until he was cashiered by the aforesaid Order. Allowing the Civil Misc. Writ Petition No. 9319 of 1988, the High Court by the judgment under appeal found that sufficient opportunity was not given to the respondent (also referred to as the accused) to cross-examine witnesses summoned after the order of revision or to let in fresh evidence to rebut their evidence. The High Court, however, found that the relevant provisions of the Army Rules, 1954 (the Rules) has been sufficiently complied with and there was no defect in the investigation of the case. So stating, the High Court, without quashing the proceedings, directed reconstitution of the GCM so as to afford a fresh opportunity to the accused to cross-examine the witnesses examined after the order of revision as well as let in fresh evidence on his behalf to rebut their ev