V.V.S. Rao, J.

The petitioner served in the Army Medical Corp from 1969 to 1993. While he was the Lieutenant Colonel, he was court marshalled for four charges. He was exonerated on first charge. He was however, found guilty of three charges, which included misappropriation and absence without leave. The General Court Martial awarded the punishment to be cashiered and to forfeit four years of his past service for the purpose of loss of pension. The confirming authority remitted the matter for re-consideration of first charge. In obedience thereto, the General Court Martial re-assembled and confirmed their earlier finding on the first charge but, in their proceedings dated 07.05.1994, imposed the punishment of forfeiture of arrears of pay and allowances and other public money due to him at the time of cashiering. The petitioner’s appeal under Section 164(2) of the Army Act, 1950 failed. He assailed the same in W.P.No.27714 of 1996. The same was allowed setting aside the order of the General Court Martial.

During its pendency, the petitioner was issued a show cause notice as to why his pensionary benefits should not be withheld. The petitioner submitted his explanation on 20.