T. Nandakumar, J.

1. This writ appeal is directed against the judgment and order of the learned Single Judge dated 19.11.2004 passed in W.P.(C) No. 4146 of 2000 and W.P.(C) No. 5199 of 2002 wherein and whereunder the learned Single Judge set aside the penalty imposed upon the writ Petitioner, IC-42417 F Major TK Chatterjee (Tapash Kumar Chatterjee) (at present the Lt. Col) by the General Officer Commanding-in-Chief, Eastern Command by confirming the findings of the Court Martial proceedings to the extent of:

(a) to forfeit three years past service for the purpose of promotion, and

(b) to be severely reprimanded.

2. The precise facts basing on which the Respondent/writ Petitioner filed W.P.(C) No. 5199 of 2002 assailing the Summery Court Martial convened against the Respondent/writ Petitioner for an offence under Army Act, i.e. Section 69 "Committing a civil offence that is to say abetment of the offence of transporting liquor, specified in Section 7(a)(i) of the Mizoram Liquor Total Prohibition Act, 1995, contrary to Section 8(1) of the said Act" and the order of the General Officer Commanding-in-Chief, Eastern Command dated 22.9.2000 imposing the sentence to the Respondent/wri