1. The petitioner was serving as a Major (Substantive) in 116 Medium Regiment attached to 18 Field Regiment in regular Indian Army on permanent commission. The said Regiment was detailed in the month of Oct/Nov 1982 in village Ramsar, District Barmer (Rajasthan) for exercise. At that time, the petitioner was officiating as the Commanding Officer of the Regiment. On the basis of complaints received by the Police about stealing of Goats and Sheeps belonging to villagers of that area, a court of enquiry was held and a chargesheet was issued to the petitioner containing five charges. Two of them were under Section 69 of the Army Act 1950 (hereinafter referred to as Act) while the rest three were under Section 63 of the Act. In fact, some of the Goats/Sheeps stolen were sold which were apprehended by the Police after the Complaints were lodged and were even identified by the owners. The petitioner was thus sent for trial by a General Court Martial (for short GCM) convened by the GOC of the area.

2 The Charge sheet served upon the petitioner reads as under: “The accused IC-1564 of Major (Substantive) Ahluwalia Manjeet Singh of 116 Medium Regiment attached to 18 Field R