JUDGMENT :

B.K. MEHTA, J.

1. Two short but important questions arise in this Letters Patent Appeal. What is the restraint on the power of transfer of Army Personnel from Command before completion of the disciplinary case as prescribed in Regn. 452-A Defence Service Regulations and, consequently, when a disciplinary case is said to have commenced? It is on the answer of these - two questions that the fate of this appeal depends.

2. A few broad facts need be noticed in order to appreciate the rival contentions urged in course of the hearing of this appeal before us. It should be emphasised at this stage that there is some controversy about some details in course of hearing but in our opinion these details have not much relevance for the purpose of answering the questions arising in this appeal.

3. The appellant petitioner is holding rank of Major and was posted to 152 Air Defence Regiment stationed at Baroda and was at the relevant time Second Officer in Command of the Unit which was commanded by the Officer commanding Lt.Col. P.R. Bajaj. This regiment was under a higher formation namely 769 Independent A.D. Brigade at Jodhpur which in turn is under Southern Command. It is claimed by the