( 1 ) IN this appeal directed against the judgment and order passed by the learned single Judge mainly two questions arise for our consideration: (i) Whether the High Court h8d jurisdiction to entertain the respondents petition under Art. 226 of the Constitution of India; and (ii) whether a General Court Martial was legally and validly convened. If both these questions are answered against the appellants this appeal shall have to be dismissed. The aforesaid two questions arise in the backdrop of the following facts.

( 2 ) THE respondent who is a Civil Engineering graduate joined the military service as a 2nd Lieutenant in the Corps of Engineers on 11/12/1962 He was directly promoted on an accelerated promotion from 2nd Lieutenant to Captain. He was thereafter promoted as Major. The respondent was posted as Garrison Engineer at Baroda on 5/05/1972 According to the respondent while he was serving as Garrison Engineer at Baroda he came in conflict with his superior officer Lt. Col. Sundaram who was the Commander Works Engineer as he declined to comply with unreasonable requests which were contrary to the rules made by the said superior officer. The respondent alleged t