JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave granted.

2. The present appeal is directed against the judgment and order dated 06.04.2007 passed by the Division Bench of the Allahabad High Court dismissing the appeal filed by the appellant herein and confirming the judgment and order passed by the learned single Judge in the Writ Petitioner No. 2341 of 1990.

3. In order to appreciate the contentions raised before us it will be necessary to set out the brief facts of the case. The appellant while serving as Corporal in the Indian Air Force - Police Wing was served with a chargesheet dated 20.03.1980 containing three charges which were in the following manner: -

1.Committed carnal intercourse against the order of nature with Sanjay Kumar minor on 15.03.1980;

2.Consumed ‘Ganja’ while on duty on the same date; and

3.Left his place of duty for half an hour and the room remained unattended.

4. However, subsequently, another amended chargesheet was served upon him wherein the charges, namely, “consuming Ganja while on duty” and “remaining absent from duty” were dropped. The first charge of the first chargesheet was retained and another charge to the effect as shown was included therein, name