JUDGMENT

Anil Kumar, J. (ORAL)

CM No. 18593/2011 (exemption)

1. Allowed subject to just exceptions.

2. Application stands disposed of.

W.P.(C) 8267/2011

3. It is contended, inter alia, by the learned counsel for the petitioner that Regulation 205 is para materia with Rule 180 of the Army Rules which mandates that full opportunity has to be granted to an official who is impacted by any evidence collected by the Board of Inquiry. The official is entitled to cross-examine any witnesses who is examined and is also entitled to produce any witnesses which he seeks to produce.

4. The counsel contends that the transcripts of the statements given by some of the witnesses, who were examined in camera, were not even given to the petitioner and he was denied the right to cross-examine such witnesses. The petitioner though had given a list of 50 witnesses, however, he was not allowed to examine even a single witness.

5. The grievance of the petitioner is also that the records which were produced before the Board of Inquiry have also been shredded despite a specific request on behalf of the petitioner to direct the concerned officials to preserve the record which was produced before th