( 1 ) THE petitioner is a retired Army personnel. In this writ petition he has assailed the validity of the disciplinary proceedings conducted by the General court Martial (GCM) and the sentence imposed by it on him as a disciplinary measure and the order of the third respondent dated 16-8-1990 in confirming the same. The facts leading to the filing of the writ petition be stated briefly under two phases as pleaded by the petitioner as under: i Phase: The petitioner joined the Indian Army as Sepoy on 25-10-1961. After several promotions, he was working as Senior Junior Commissioned officer (SJCO) of 6 Battery in 2 Training Regiment in Hyderabad in the Year 1987. While holding that post he was also officiating as Subedar Major which post is the next higher post to the post of SJCO for a period of five months before one Subedar Major Waman Akde took charge of that post on 21-1-1987. On 16-2-1987 the petitioner was transferred to Allahabad, Uttar Pradesh and he was to report at Allahabad on 28-4-1987. Sub. Maj Waman Akde after assuming office took hostile attitude against the petitioner for the reason that the petitioner did not receive him properly when he arrived in Hyderabad and began to harass him in various ways by abusing and misusing his office for no fault of the petitioner. In pursuance of his inimical attitude and with an intention to harass and humiliate the petitioner, Sub. Maj Waman Akde while proceeding on leave, handed over the charge of the post of Subedar major to a junior of the petitioner on 3-3-1987 instead of handing over the charge to the petitioner as the petitioner was the seniormost in the Regiment. Sub. Maj. Waman Akde also made false allegations against the petitioner that the petitioner had been using electrical heater in his house and in that connection he raided the house of the petitioner in his absence illegally. At the behest of Sub. Maj. Waman Akde the quarters allotted to the petitioner was directed to be vacated by the authorities and only on the representation of the petitioner the quarter was restored to the petitioner subsequently. Sub. Maj. Waman Akde used to threaten the petitioner orally. When the matter stood thus, Sub. Maj. Waman Akde lodged a complaint to the Commanding officer alleging that the petitioner was responsible for burning of certain kits and personal items belonging to the new recruits of the 6 Battery of 2 Training regiment, Artillery Centre, Hyderabad on 2-4-1987 at 6. 30 a. m. The commanding Officer ordered D. P. Chakraborty, the Battery Commander to investigate into the matter and submit a report. The Battery Commander investigated into the complaint and reported to the Commanding Officer that there was no truth in the complaint. Despite this, the Commanding Officer ordered Court of Inquiry under Rule 177 of the Army Rules, 1954, for short the Rules . Court of Inquiry was conducted by Maj. V. M. Wadhawan of another Battery. Basing on the report of the Maj. V. M. Wadhawan, the commanding Officer directed O. P. Chakraborty, the Battery Commander to march the petitioner under Rule 22 of the Rules. The Commanding Officer again ordered to record evidence under Rule 22 (3) read with Rule 25 which was a step towards G. C. M. or dismissal of charge or summary disposal as provided under Rule 24. On 7-5-1987 summary of evidence was completed without heeding to the request of the petitioner to call witnesses. On 12-6-1987 the Commanding Officer chose one of the options provided under rule 25 (2) i. e. , for summary disposal as provided for under Rule 27 and accordingly he issued the proceedings to the petitioner to submit list of witnesses in support of the defence. On 13-6-1987 the petitioner submitted representation requesting for the option of trial by G. C. M. In the same representation, the petitioner gave the names of his witnesses to be secured for G. C. M. In the meanwhile on 4-8-1987 the promotion Board approved the name of the petitioner for promotion to