(1) THE appellant retired from the Indian Army on 30/9/1984 in the rank of Major on attaining the age of superannuation. A General court-Martial (GCM) was ordered against him in the year 1985 on charges of theft while he was in active service. The GCM acquitted him by the order dated 14/2/1985. The revisional authority reviewed the proceedings of the GCM under the Army Act and remanded the same for fresh trial. On reconsideration the GCM by its order dated 8/7/1985 held the appellant guilty and awarded six months rigorous imprisonment and also cashiered him. The punishment was promulgated and came to be effective from 23/9/1986. The conviction and sentence awarded by the GCM was not challenged before any court of law and in fact the appellant has already undergone the sentence awarded to him by the GCM. A notice dated 16/7/1990 was issued to the appellant asking him to show cause why his pension and death-cum-retirement gratuity be not forfeited. The said notice was as a consequence of his conviction by GCM. The appellant filed his reply to the notice. The President of India by the order dated 26/6/1991 ordered the forfeiture of his pension and death-cum-retirement gratuity