Honble VERMA, J.–The petitioner, Ex-Sepoy Chander Singh son of Vir Singh, has filed this writ petition for quashing the proceedings of summary court martial and for issuance of appropriate direction to quash the findings and sentence of the Summary Court Martial dated 17.9.90 with the consequential prayer to the respondents to reinstate the petitioner in service and to grant all consequential benefits.

(2). The petitioner is said to have joined service in the Indian Army as Combatant Sepoy/Cook on 2.12.1983 and his last posting was in the 17th BN Mech. Inf. C/o 56 APO there he was involved in alleged misconduct/offence under Sec. 40(A) of the Army Act, 1950 (for short as ``Act of 1950) against one Nb. Subedar Jaswant Singh on 15.8.90 at about 9.00 PM. The allegations against the petitioner were that he had given slap to Nb. Subedar Jaswant Singh. The petitioner was immediately arrested on 15.8.90 itself and placed under close arrest in the Military custody. It is alleged by the petitioner that on next day i.e. 16.8.90, he was ordered to be marched before respondent no.4 i.e. Commandant who had ordered Maj. K.C. Achappa to record the Summary evidence. When the petitioner was marched

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