Both these petitions have been heard together, learned counsel Mr. Khetri, appearing for the writ petitioners has advanced arguments common to both the petitions, as indeed, the legal question involved is the same. Therefore, both these petitions are being disposed of by a common judgment. However, so far as facts of both the petitions are concerned, they are being separately noted, although even on this count the basic facts are also common.

2. The fact of Civil Rule No.4744 of 1994 are so noted below.

3. The petitioner No; 1 joined service with effect from 11.3.61, the petitioner No.2 from 20.7.70. During the course of service, the petitioners were arrested on 15.12.79 and kept under Military custody and subsequently tried by the General Court Martial on several charges under sections 63 and 41 of the Army Act for allegedly parting with their belts and participating in a demonstration inside Eastern Base Workshop indulging threat, shouting of slogans, demanding release from arrest of a Machinist Shri Sachdeva of the unit, not complying with orders. The petitioner was found guilty and sentenced to suffer 18 months' rigorous imprisonment. They have been kept under suspension for long

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