( 1 ) THIS writ petition raises a very short point as to whether Army authorities could dismiss the petitioner summarily after having initiated disciplinary proceedings against him under Sections 63 and 64-A of the India Army Act. (in short the "act") i. e. after leaving taken formal cognizance of the offence by recording summary of evidence. In onder to answer this question the admitted facts are that the petitioner then Major was officiating as Officer Commanding from 6th August, 1983 to 6th September, 1983 in place of permanent incumbent having gone on annual leave. On 2nd September, 1983 a theft of 14,000. 00 look place. This amount was the undisbursed pay of unit personnel held with the Battery Havaldar Major. Theft was alleged to have been committed by Gunner Udai Singh alongwith Ex. Gunner Gian Singh Kubawat. On 5th September, 1983, Gunner Udai Singh after being tortured with third degree method confessed to have committed the theft and produced the cash hidden by him. He also furnished the names of his accomplice. On 12th September, 1983. Gunner Udai Singh was admitted in hospital on complaint of injuries having received by him at the hands of unit personnel.