( 1 ) SPECIAL Civil Application No. 4013 of 1983 having been rejected by the learned single Judge of this Court the appellant (original petitioner) has preferred this Letters Patent Appeal. The learned Judge dismissed the special civil application mainly relying on the provisions of clause (4) of Art. 227 of the Constitution of India as the order of the General Court Martial which is a Tribunal is challenged. In the view of the learned Judge special civil application could not be filed under Art. 226 of the Constitution and the and provisions cannot be attracted as the Court-martial is a Tribunal or a Court. The learned Judge also observed that what is challenged is the procedure adopted by the General Court-martial and by referring to the provisions of Art. 226 of the Constitutions provisions of clause (4) of Art. 227 of the Constitution cannot be avoided.

( 2 ) WITH view to appreciate the rival contentions facts leading to he prosecution and conviction of the appellant under sec. 41 of the Army Act 1950 by the General Court Martial be narrated.

( 3 ) THE appellant was a Major in 3 - Engineer Regiment under 11 Infantry Division since June 1979 at Ahmedabad and was