( 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 H