JUDGMENT

S.B.SINHA, J.

Leave granted.

2. While appeal arising out of SLP (C) No. 3385 of 2007 is directed against a judgment and order dated 16.11.2006 passed by the Division Bench of the High Court of Delhi whereby and whereunder a writ petition filed by the appellant herein questioning the validity of a Court Martial proceeding has been dismissed, appeal arising out of SLP (C) No.5916 of 2007 is directed against the order dated 19th December, 2006 passed in the review petition.

3. We may, before adverting to the contentions raised by the parties, notice the admitted fact of the matter.

4. Appellant was commissioned in the Indian Air Force on or about 6.12.1985. He filed an application for posting to MOFT Unit so as to enable him to fly MIG 21 Fighter Aircrafts. The said application was rejected. He applied for premature retirement. A good conduct certificate was issued in his favour. However, a disciplinary proceeding was initiated against him on or about 20.1.2006 in respect whereof a charge-sheet was issued on 1.4.2006, the details whereof are as under :

________________________________________________________________________

"FIRST CHARGE SECTION 65 AIR AN ACT PREJUDICIAL TO GOOD FORCE ACT, 1950 ORDER AND AIR FORCE DISCIPLINE

At New Delhi on the night of 28/29 Apr. 05,

improperly introduced himself as husband of

Mrs. Ambika Singhania to Head Constable

Ranbir and Constable Dharmendeer,

Police Personnel of Delhi Police,

knowing such statement to be false.

SECOND CHARGE SECTION 45 BEHAVING IN A MANNER UNBE-

FORCE OFFICER ACT, 1950 COMING THE POSITION AND CHAR-

ACTER OF AN OFFICER

In that He,

At New Delhi on the night of 28/29 Apr 05

used offensive language to Sh. Dependra

Pathak, Deputy Commissioner of Police,

South West District, New Delhi and behaved

In a riotous manner.

THIRD CHARGE SECTION 48 INTOXICATION

AIR FORCE ACT, 1950 In that he,

AT New Delhi on the night of 28/29 Apr 05

was found in a state of intoxication.

SIXTH CHARGE SECTION 45 ASSAUTING HIS SUPERIOR

AIR FORCE OFFICER ACT, 1950 OFFICER

At Gandhinagar (Gujarat), on 06 Jan.06

assaulted Gp.Capt. SS Kothari (16788) F(P)

of Headquarter South Western Air

Command, Indian Air Force.

SIXTH CHARGE SECTION 45 BEHAVING IN A MANNER UNBE-

AIR FORCE OFFICER ACT, 1950 COMING THE POSITION AND CHAR-

OF AN OFFICER

At Gandhinagar (Gujarat), on 06 Jan.06,

at Officers Mess Headquarter South

Western Air Command, Indian Air Force

used offensive language to 707519 Sergeant

Narender Kumar, Catering Assistant of

Headquarter South Western Air Command,

Indian Air Force and behaved in a riotous

manner.

SEVENTH CHARGE SECTION 47 ILL TREATING A PERSON

AIR FORCE ACT,1950 (ALTERNATIVE SUBJECT TO THE AIR FORCE

TO SIXTH CHARGE) ACT BEING HIS SUBORDINATE

IN RANK

At Gandhinagar (Gujarat), on

06 Jan.06, at the Officers Mess

Headquarter South Western Air

Command Indian Air Force, ill-tread

707518 Sergeant Narender Kumar

Catering Assistant of Headquarter

Western Air Command, Indian Air Force."

________________________________________________________________________

5. A convening order was issued for trial by a General Court Martial on 8.5.2006.

6. A contention was raised as regards sustainability of the first three charges, inter alia, on the ground that as the witnesses named therein were not produced for cross-examination, the purpose of continuing the General Court Martial proceedings became frustrated. The same was rejected.

7. He filed an application for substitution of the Judge Advocate. It was also disallowed.

8. On the aforementio