Rajive Bhalla, J.

1. Prayer in the present petition, filed under Article 226 of the Constitution of India, is for the issuance of a writ, order or direction quashing the finding and sentence, returned by the Summary Court Martial, whereby the petitioner was dismissed from service.

2. The petitioner was charged with an act prejudicial to good order and military discipline. It was alleged that on 1.1.1994, the petitioner went out of the unit lines towards North Officers Colony, stopped Ms. Anuja Sharma d/o Capt. Avinash Kumar of 574 Engineer Park, who was cycling on the road in the said colony, and improperly put his hand on her neck. On a complaint filed, summary of evidence was recorded. During the recording of the summary of evidence, statements of Ms. Anuja Sharma, Capt. Avinash Kumar, Capt. Jagjit Singh and Capt. Harbinder Singh were recorded. The petitioner cross-examined Ms. Anuja Sharma and Capt. Harbinder Singh but declined to cross-examine Capt. Avinash Kumar and Capt. Jagjit Singh. Thereafter, papers were forwarded to the Commanding Officer, under Rule 22 of the Army Rules (for short herein after referred to as "the Rules") and a tentative charge sheet, dated 5.1.1