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2024 Supreme(Raj) 157

PUSHPENDRA SINGH BHATI
Gyan Bahadur Chhetri S/o Shri Heera Bahadur – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.K. Shah.
For the Respondent: Mukesh Rajpurohit, Uttam Singh Rajpurohit, Govind Chandiramani.

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

    “It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuance of an appropriate writ, direction or order the impugned show cause notices dated 31.03.2017 (Annex.7) may kindly be quashed and set aside. It is further prayed that the finding and sentence awarded by the GCM after revision may kindly be directed to be treated as confirmed.

Any other order may also kindly be passed which appears to be just in favour of the petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioners, while being posted at Army Units located at Bikaner, the General Court Martial (GCM) proceedings were initiated against them by the respondent no. 3-General Officer Commanding vide order 26.05.2016. The charge-sheet dated 19.05.2016 was served upon the petitioners, alleging two charges against the petitioners; first charge was under

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