JUDGMENT - A.A. DESAI, J.:---This petition under Article 226 of the Constitution questions the legality, propriety and bona fides of Order cashiering the petitioner, passed on 9-6-1988, by the General Court Martial, consituted under section 109, which has subsequently been confirmed by order dated 12th June, 1989, in pursuance of the provisions under section 164, of the Army Act.

2. The petitioner in 1971 entered the Defence Services as a Commissioned Officer. In 1983, he attained the rank of a Major and was posted at Panaji. The respondent No. 11 Lt. Col. Chug was the Commanding Officer. The complainant Major Sushil Kumar on 21-6-1985 was holding the charge of Accounts Officer. His complaint was that on that day at about 9.45 a.m. The petitioner entered in his chamber to collect some official cheques. There was an exchange of hot words between them. The petitioner then lifted the telephone instrument and gave a blow on the head of complainant, resulting in an injury with profuse bleeding.

In view of the incident leave already sanctioned to the petitioner was cancelled and he was informed accordingly. Despite this, he remained absent.

The petitioner was, therefore, tried by the

Click Here to Read the rest of this document