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1977 Supreme(SC) 167

P.K.GOSWAMI, P.N.SHINGHAL, Y.V.CHANDRACHUD
NAIB SUBEDAR LACHHMAN DASS – Appellant
Versus
Union of India – Respondent


JUDGMENT

CHANDRACHUD, J.

( 1 ) THE appellant was dismissed from service by an order of the Court Martial dated 17/05/1966. He filed an appeal from that order to the Chief of Army Staff, who by his order dated 21/12/1966 set aside the order of dismissal and substituted in its place an order of discharge with retrospective effect from 11/07/1966. Four years thereafter the appellant filed a writ petition in the Delhi High Court on September 22, 1970 which was dismissed in limine by the High Court on 25/11/1970. This appeal by special leave is directed against that order.

( 2 ) THE writ petition filed by the appellant in the High Court shows that various ill-conceived remedies were adopted by him after the Chief of Army Staff passed, the order dated 21/12/1966. In December 1968, whichh itself was two years later, the appellant filed a writ petition in this Court under Article 32 of the Constitution which he withdrew on 19/03/1969. In May, 1969 he filed another writ petition under Art. 32 which was dismissed by this Court on 1/09/1969. He then filed a review petition on 3/08/1969 which was dismissed by this Court on 19/12/1969. In February, 1970 he again moved this Court under Art. 32 bu


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