1. The petitioner, appellant herein, filed writ petition (SWP 832/2012), wherein he sought following reliefs :

(i) quash the charge sheet dated 7-3-2012 so far it contains the time barred charges on the basis of which the Court Martial proceedings can not be continued as being impermissible in terms of Section 122 of the Army Act.

(ii) quash the order dated 27-03-2012 passed by the General Court Martial whereby the plea in bar offered by the petitioner with respect to time barred charges has been disallowed that too without affording an opportunity of being heard.

The charge sheet dated 07-03-2012 and Court Martial decision dated 27-03-2012 are taken note of :

CHARGE SHEET

The accused, IC-54365H Lieutenant Colonel Sanjeev Kumar Singh of Central Ammunition Depot, Pulgaon attached to 17 RAJPUT Regiment, an officer holding a permanent commission in the regular Army, is charged with:-

First Charge ?

Army Act Section 57(b)

DEFRAUD

IN A DOCUMENT MADE BY HIM KNOWINGLY

MAKING AN OMISSION WITH INTENT TO

in that he, at New Delhi on or about 04 Jul 2007, which came to the knowledge of the authority competent to initiate action on 01 Apr 2009, while performing the duties of Dep