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1994 Supreme(SC) 1425

B.P.JEEVAN REDDY, B.L.HANSARIA
Ex. Captain Harish Uppal – Appellant
Versus
Union of India – Respondent


JUDGMENT :

B.P. Jeevan Reddy, J.

Heard the petitioner-in-person in support of this Special Leave Petition. We have also perused the written submissions filed by him. We find no substance in the Special Leave Petition.

2. The Special Leave Petition is directed against an order of the Division Bench of the Delhi High Court dismissing the petitioner's writ petition summarily on two grounds, viz., (1) that the petitioner had approached the Supreme Court but his petition was dismissed by the Supreme Court on November 27, 1972 reported as Harish Uppal v. Union of India (1973 (3) SCC 319) and (2) that his petition is highly belated. Whatever may be said about the first ground, the second ground given by the High Court is, in our opinion, perfectly justified. It cannot be said that the High Court has exercised its discretion in an arbitrary or illegal manner. A few facts will make it clear.

3. The petitioner was commissioned in the Indian Army (Artillery Regiment) in June, 1965. He was in the unit which was sent to Bangladesh in connection with military operations there in December, 1971. In respect of certain irregularities committed by the petitioner, a court martial was held against him at

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