C.M.NAYAR
MAHIPAL SINGH – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THE present writ petition under Article 226 of theconstitution of India has been filed for issuance of a writ in the nature ofmandamus and Certiorari for directing the respondents to take back the petitionerin service by declaring the Summary Court-martial proceedings and the resultantimpugned order dated 24/11/1988, by which the petitioner was sentencedlo be reduced in the ranks, to be dismissed from service and to suffer R. I. for sixmonths as-invalid and for quashing the same.
( 2 ) THE facts, briefly stated, are that the petitioner was enrolled on 28/02/1976 and was promoted to the rank of Havildar with effect from 1/01/1984. He was posted on transfer to the Zonal Recruiting Office (for short Z. R. O.) Jabalpuron 9/09/1984 and continued to serve there till 5/08/1987. He wasthereafter posted to No. 27 Air Defence Regiment (for short 27 A. D. Regiment ). Thepetitioner was called from 27 AD Regiment on alleged attachment to HQ. ,recruiting Zone, Jabalpur where he continued till the date he was removed fromthe Army by order dated 24/11/1988, as a result of conviction by thesummary Court-martial. On reaching Jabalpur he came to know that there weresome allegati
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