Hon ble RATHORE, J.—The petitioner has preferred the instant writ petition for seeking writ, order or direction praying the following reliefs:-

"(i) to quash the impugned order dated 19.6.2008 and restrain the respondents from conducting General Court Martial of the petitioner;

(ii) to quash the entire proceedings initiated against the petitioner on the basis of the charge sheet dated 23/26.5.2008 (Annexure-P/12);

(iii) to hold the entire action taken on the basis of the order dated 19.6.2008 and charge sheet dated 26.5.2008 as contrary and illegal to the order dated 17.3.2008 passed by the Hon ble High Court at Delhi (Annexure P/13);

(iv) any other order or direction which the Hon ble Court may deem just and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioner."

(2). The petitioner was working as General Officer Commanding of 3 Infantry Division. On the instructions from Headquarter Northern Command, the petitioner started promoting meditation techniques as a stress buster to reduce suicide cases in High Attitude and difficult areas. The petitioner is a guide preceptor and can initiate people into meditation.

(3). On 27/28.8.2007, Cap. Neha Rawat of 3 Infantry Division Signal Regiment was detailed by her Commanding Officer to undergo meditation sessions being conducted by the petitioner in the station. On 27.8.2007, Cap. Neha Rawat accompanied one officer s wife namely Mrs. Sharma for meditation session and herself participated in meditation session. On 28.8.2007 during meditation session, the petitioner advised Cap. Neha Rawat to give up drinking liquor if she was serious about continuing meditation as both the things do not go together. The petitioner requires high moral values and complete abstinence from liquor" and this advise was ill taken and misconstrued as if he was pointing out at her moral character. The said lady officer told the petitioner that she will ruin his character, to which the petitioner told her that she was like his daughter and asked her to have dinner, which she had. Complete staff members of the petitioner s residence were present during meditation and also at dinner. She left after having dinner cheerfully and on a happy note.

(4). On 29.8.2007, a complaint was made to 14 Corps for false accusations by the petitioner against Cap. Neha Rawat. On 30.8.2007, Cap. Neha Rawat met Mrs. Bhardwaj, wife of GOC 14 Corps and on her insistence, made a written complaint to GOC 14 Corps and a conspiracy was hatched to initiate a false complaint against the petitioner.

(5). It is further contended that on 31.8.2007, Col. Rajneeb Sanyal instructed Cap. Neha Rawat to pack up everything and move to "B" Officers Mess or 14 Corps. Cap. Neha Rawat moved along with her belongings to "B" Officers Mess of 14 Corps.

(6). Learned counsel for the petitioner has also contended that late in the evening on 31.8.2007, a formal written complaint addressed to GOC 14 Corps said to have been filed and on 1.9.2007 Cap. Neha Rawat was granted leave by Headquarter 14 Corps and she proceeded on leave w.e.f. 1.9.2007.

(7). On 4.9.2007, the petitioner was removed from Command of 3 Infantry Division and was attached to Headquarter 15 Corps at Srinagar. The Court of Inquiry commenced its proceedings on 10.9.2007. It is alleged that the petitioner was neither supplied the copy of the complaint nor of the convening order, which is against the settled law. On 25.9.2007, the proceedings of Court of Inquiry were concluded and as many as 27 witnesses were examined and cross examined. The petitioner vide his letter dated 30.11.2007 asked for certain copies of the documents and the same were supplied to him on 1.12.2007 without report, findings and recommendations of the Court of Inquiry.

(8). On 2.12.2007, hearing of tentative charge proceedings was carried out against the petitioner by Lt. Gen. P.C. Bhardwaj, Commanding Officer, and GOC 14 Corps, who ordered Summary of Evidence to be recorded. The petitione

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