V. KAMESWAR RAO, J.

1. The present petition has been filed by the petitioner with the following prayers:-

In view of the above and in the interest of justice, it is, therefore, most humbly prayed that this Hon’ble Court may be pleased to issue appropriate writ, direction or order in the nature to :-

(a) DECLARE that the Summary Court Martial held on 25.7.90 in respect of the petitioner is not legally constituted and had no jurisdiction to proceed in the matter;

(b) CERTIORARI quashing the entire proceedings of the said Summary Court Martial;

(c) MANDAMUS directing the respondents to reinstate the petitioner forthwith in the service retrospectively with full pay and allowances and all consequential benefits, as if he is continuously in the service;

(d) Record be summoned;

(e) Any other or further, writ, direction or orders that may be deemed appropriate under the circumstances be also passed.”

2. Some of the facts noted and as canvassed by the learned counsel for the petitioner are that the petitioner was enrolled in the Indian Army as a Sepoy on August 06, 1979. He was later transferred to 19 Mahar Regiment on April 02, 1985. It is the case of the petitioner, on September 25, 1987, he was promoted to the rank of Lance Naik. On March 26, 1990, the petitioner complained against the CO i.e the respondent No.5 to the Commander of his brigade. It is the case of the petitioner that on May 30, 1990, he was interviewed by the Commander where he highlighted two major grievances of his i.e, he was being denied leave by the CO and the CO was hell bent upon relinquishing the rank of the petitioner. The petitioner was sent for 15 days casual leave from June 01, 1990 to June 15, 1990. He was also informed that his other grievances shall also be looked into and the CO 17 Kumaon Regiment was detailed to conduct the investigation on the basis of the complaints made by the petitioner.

3. On July 15, 1990, the petitioner received a letter from the Brigade informing him that his additional points are still under investigation. On the same day, the Investigation Officer is changed from CO 17 Kumaon Regiment to CO 18 Punjab Regiment, who, according to the petitioner is the course mate of respondent No.5. On July 16, 1990 at 9.20 am Subedar Adjudant 18 Punjab Regiment carries the letter dated July 16, 1990 and directs the petitioner to report to the CO’s Office at 12 pm, wearing the uniform of a Sepoy, despite the fact that the complaint of the petitioner that the CO of his Unit was hell bent upon relinquishing the petitioner’s rank, was the subject matter of the investigation, to which the petitioner informed the Subedar Adjudant that since he is a Lance Naik, he cannot wear the uniform of a Sepoy and alternatively he may be allowed to appear in civil clothes. It is the case of the petitioner that once again at 12.25 pm, he was asked by the Subedar Major to report to the CO’s office at 12.30 pm in a Sepoy’s uniform and since it was already 12.30 pm, the petitioner informed that he cannot reach the office at 12.30 pm. At this, the petitioner was immediately put under close arrest.

4. It is the case of the petitioner, on July 18, 1990, a Summary of Evidence was initiated against the petitioner, on the charge of disobeying the lawful command given by a superior officer and subsequently the petitioner was tried through a Summary Court Martial and vide sentence dated July 25, 1990 he was awarded the sentence to undergo six months RI and was also dismissed from service. On November 30, 1990, as the petitioner had not been supplied with the copy of the Summary Court Martial Proceedings, he asked for the same through Jail Authorities but the same were not supplied to him. After he had completed his sentence of six months, he again vide his application dated February 14, 1991 sought the relevant documents but the same were not supplied to him. Pursuant thereto, multiple reminders were sent including a legal notice dated May 13, 1991. It is only thereafter,