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1997 Supreme(Pat) 20

P.K.DEB
No. 14397617 M-GNR (Barber) Baldev – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the petitioner: M/s. Dilip Jerath, Sujit Nr. Prasad
For the respondents: Mr. A.K. Trivedi.

Order

The grievance of the petitioner is in respect of the order dated 12.9.96 of the District Court Martial in the case of the petitioner, whereby he has been sentenced to undergo rigorous imprisonment for a period of six months and has also been dismissed from service and the order of confirmation dated 8.11.96 is alleged to be highly illegal and without jurisdiction besides the same being arbitrary.

2. The petitioner was proceeded with for obtaining illegal gratification with a motive for procuring the enrolment of a person in between 18th to 20th September, 1996, and also for taking illegal gratification from another person on 19th September, 1996.

3. While the trial was going on, the petitioner came up before this Court regarding hardship in the proceeding when the petitioner was not being given proper opportunity of cross-examination and others in C.W.J.C. No. 2532 of 1996(R). The said petition was disposed of vide order dated 30.8.96 with some directions. After the conclusion of the Court Martial and the order dated 12.9.96 was passed, the petitioner came up before this Court in C.W.J.C. No. 3467 of 1996(R) on the ground that the charges which had been framed against the petiti













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