Honble CHAUHAN, J.–This is an appeal under Section 18 of the Rajasthan High Court Ordinance against the judgment and order of the learned Single Judge dated 28.5.97 passed in S.B. Civil Writ Petition No. 358/1991 (1) by which the writ petition of the respondent-petitioner has been allowed with cost of Rs. ten thousand and quashing the order of dismissal from service and he has been allowed to be reinstated with full back wages.

(2). The respondent-petitioner joined the Indian Army as a combatant Sepoy in the trade of cook on 21.2.83 and when he was on duty on 15.8.90, some altercation took place and he became very furious and assaulted Naib Subedar Jaswant Singh by giving him a slap. Respondent-Petitioner was arrested immedia- tely after the incident and detained in military custody. A summary of evidence was recorded on 17.8.90 and he was court martialled by summary court martial on 17.9.90 awarding punishment of dismissal from service and six months rigorous imprisonment. His representation/appeal etc. were dismissed. However, his writ petition has been allowed by the judgment and order dated 28.5.97. Hence this appeal by the Union of India and others.

(3). Heard Mr. P.P. Chaudhary

Click Here to Read the rest of this document