JUDGMENT :

L. NAGESWARA RAO, J.

1. The refusal of the Armed Forces Tribunal, Principal Bench, New Delhi (for short “the Tribunal”) to interfere with the disciplinary action initiated against the Appellant is the subject matter of these Appeals.

2. The Appellant was commissioned in the Jammu & Kashmir Light Infantry, Indian Army on 17.12.1983. He was the Commander of 164 Mountain Brigade from 01.12.2012 to 29.03.2012. Brigadier R.K. Jha took over as the Commander of 164 Mountain Brigade on 30.03.2012. After taking over, Brigadier R.K. Jha was informed that the property of the Flag Staff House was not properly accounted for and certain items were missing as they were taken away by the Appellant. Brigadier R.K. Jha made inquiries with Major Amit Slathia and Havildar Yongendra Bahadur Gurung. On being satisfied that certain items were missing, Brigadier R.K. Jha directed Colonel S.S. Sidhu, the then Deputy Commander to undertake a physical check of the Flag Staff House property. According to the inquiry conducted by Major Siddharth Virmani and Havildar Yogendra Bahadur Gurung. Two Heat Pillars, three carpets and two flower pots were taken away by the Appellant along with his luggage by be