JUDGMENT

J.M. Malik, J.

1. This judgment shall decide two writ petitions detailed above, which are between the same parties and deal with identical facts and similar questions of law. The key controversy which revolves around the present writ petitions is about the rights of a delinquent in context of Army Rule 180. Petitioner Major General Rakesh Kumar Loomba was awarded a recordable censure on 07.04.2007. A court of inquiry (hereinafter referred as COI) was convened by Head Quarter South dated 6th December, 2006 to investigate the circumstances `under which a swimming pool measuring approximately 25 metre x 13 metre with average depth of 1.8 metre was constructed at Hisar in the garb of providing Static Water Tank (SWT) by irregular utilization of funds for the purpose other than the sanctioned works.' The COI was also required to enquire into the source of funds for construction of the said swimming pool, and whether or not sanction of competent authority was obtained and financial irregularities, if any, committed. Consequent upon that the petitioner was not promoted. Thereafter, two above mentioned writ petitions were filed with the prayers to quash the recordable censure a