( 1 ) ORDER :- The undisputed facts of the case are that the petitioner was serving as a Captain (substantive) in 17th Sikh Regiment of Indian Army and he was posted at Ferozepur Cantt. He was tried by a General Court-martial (for short the gcm ) on a charge under S. 3 (i) (c) of the Official Secrets Act, 1923 (hereinafter referred to as the Act ) on the allegation that he had committed a civil offence between July 1981 and Aug. 1981 for a purpose prejudicial to the safety or interest of the State by communicating secret information relating to the affairs of the State to one Harinder Singh Walia and the said information might be directly or indirectly useful to the enemy. He was found guilty of the said offence by the GCM and sentenced to rigorous imprisonment for 14 years and dismissal from service on 26th Aug. 1982. However, under orders from the General Officer Commanding XI Corps (for short the GOC ), the sentence awarded to him earlier was revised by the GCM on 30th Sept. , 1982 to one of cashiering and rigorous imprisonment for 14 years. The finding of the GCM was eventually confirmed by the Chief of the Army Staff on or about 15th March, 1983. However, the Chief of the A

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