Judgment :

These appeals are filed by the appellants against the common judgment and order dated 21.12.2000 passed by Delhi High Court in L.P.A. Nos. 4, 43, 139, 148 of 1987, 21 of 1988, 77 of 1993 and 86 of 1994 wherein the High Court quashed not only the termination orders but also the Court Martial proceedings held against Captain Ashok Kumar Rana and Captain R.S. Rathaur, framing certain questions of law that would arise according to them for consideration of this Court and urging grounds in support of the same, praying for setting aside the impugned judgment and order by allowing these appeals and dismissing the writ petitions filed by the respondents herein.

2. Relevant brief facts of the case are stated hereunder for the purpose of appreciating the rival legal contentions to answer the points that are formulated in these appeals. All the respondents, except respondents Captain Ashok Kumar Rana and Captain R.S. Rathaur, challenged the termination order passed by the appellants which was affirmed by the High Court and this Court. During 1975-1980, on the basis of intelligence reports and on apprehension of some person, a large number of officers/JCOs/other rank officers were s