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A.K.SIKRI, S.ABDUL NAZEER, M.R.SHAH
Ex. Lt. Gen. Avadhesh Prakash – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Criminal Appeal No. 140/2019 arising out of D. No. 12371/2018:
Leave to appeal is granted.
2. We have heard learned counsel for the parties at length.
3. The relevant facts, in a nutshell, are as follows :-
The appellant was commissioned in the Indian Army on 20.12.1970 and promoted to the rank of Lieutenant General in October, 2007. He was appointed as a Military Secretary on 01.05.2008 at the Army Headquarters, New Delhi. During the tenure of the appellant as the Military Secretary the so-called 'Sukna Land Scam' case broke out in the end of the year 2010. The appellant's name figured in the Court of Inquiry on 07.01.2009. Then provisions of Rule 180 of the Army Rules, 1954 were invoked against him. The Chief of Army Staff initially directed Administrative Action against the appellant and a show cause notice dated 11.01.2010 was served upon him. The appellant submitted his reply to the show cause notice on 22.01.2010. However, just two days prior to his retirement on 31.01.2010, the appellant was informed about withdrawal of the above show cause notice and initiation of disciplinary proceedings against him under the provisions of section 123 of the Army Act, 1950. The appel
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