JUDGMENT

H.L. Gokhale J.-This appeal by Union of India through the Secretary to Government, Ministry of Defence seeks to challenge the judgment and order passed by a Division Bench of the Punjab and Haryana High Court in L.P.A. No.996 of 1991 dated 2.7.2001 whereby the Division Bench has allowed the appeal filed by the first respondent from the judgment and order rendered by a Single Judge of that Court dated 31.5.1991 in C.W.P. No.995-A of 1989 which had dismissed the said Writ Petition filed by the first respondent.

2. The Division Bench has allowed the said petition by its impugned order and set aside the proceedings, findings and sentence of the General Court Martial held during 24.6.1987 to 1.10.1987 against the first respondent by which he was awarded the punishment of Rigorous Imprisonment (R.I.) for one year and cashiering. The facts leading to this appeal are as follows:-

3. The first respondent was deployed between 1.2.1984 and 3.10.1986 as the Commanding Officer of the 6 Armoured Regiment which was a new raising at the relevant time in the Indian Army. The unit was authorized for one signal special vehicle. In case such a vehicle was not held by the unit it was authorized