JUDGMENT

Lokeshwar Singh Panta, J.—

1.Special leave granted.

2.This appeal, by special leave, has been preferred by Ram Sunder Ram (appellant herein) against the judgment and order dated 10.12.2004 of a Division Bench of the High Court of Calcutta by which M.A.T. No.2856 of 1997 filed by the Union of India and Others (respondents herein) was allowed and the judgment and order dated 07.08.1997 of a learned Single Judge, allowing the Writ Petition (C.O. No.12843 (W) No.1991) filed by the appellant, was set aside.

3.The appellant filed writ petition in the High Court of Calcutta for setting aside the order of discharge from the Army Service passed by the Commander, 33 Corps Artillery Brigade (respondent No.5 in the present appeal) who was competent authority under Rule 13 of the Army Rules 1954.

4.The learned Single Judge allowed the writ petition inter alia on the ground that the principles of natural justice have not been followed by the competent authority while passing the order of discharge.

5.The respondents then preferred writ appeal before the Division Bench of the High Court, which allowed the same by the judgment and order impugned by the appellant in this appeal before us.

6.On 26