JUDGMENT

M.R. SHAH, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 31.01.2008 passed by the High Court of Judicature at Bombay in Writ Petition No. 423 of 2005, by which the High Court has dismissed the said writ petition preferred by the appellant herein and has refused to interfere with the order of dismissal passed by the respondent dated 29.04.2002, the original writ petitioner has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

That the appellant herein – original writ petitioner (hereinafter referred to as the ‘Appellant’) joined the Indian Army as a Sepoy on 30.08.1990. In the year 1994­95, he was promoted as Naik. Thereafter, he became qualified for promotion to the post of Hawaldar. He was served with a charge sheet dated 3.8.1999 levelling three charges of misconduct. That the three charges were framed against the appellant under Section

63 of the Army Act, 1950 (hereinafter referred to as the ‘Army Act’). With respect to the above charge sheet, the appellant was called upon to face a Summary Court Martial. The appellant pleaded guilty to each of the charges in writing. After considering his