JUDGMENT

DR ANAND, J.—This appeal by special leave is directed against the judgment of the Division Bench of the Calcutta High Court in FMAT No. 3636 of 1991 decided on April 1, 1992.

2. Pursuant to his trial by the District Court-Martial, on various charges, the appellant, who was a sepoy in the Indian Army, was dismissed from service and also sentenced to suffer rigorous imprisonment for four months. Through a writ petition in the High Court of Calcutta, he challenged his dismissal, conviction and sentence. In the writ petition, apart from disputing the factual foundation of the charges and the unsatisfactory nature of evidence to establish the same he also alleged violation of Rule 22 of the Army Rules; denial of his right to be represented by a Defending Officer at the DCM; defect in the promulgation of the findings and sentence, contrary to the mandate of Rule 71 of the Army Rules; the defect in the signing of the warrant for committal to civil prison, by the officiating Commander instead of the Head of the Unit and violation of Rule 27 of the Army Rules read with Sections 101-103 of the Army Act as regards his pre-trial detention beyond the permissible period. Besides, the app