Jawahar Lal Gupta, J.

1. The petitioner herein was accused of having committed an act "prejudicial to good order and Military discipline" inasmuch as he "on 30th December, 1984 after leaving IC-35327K Capt. Tejinder Singh in his quarter, he as a Co-Driver of Jeep Vehicle BA No. 848-30841K did not bring back the vehicle to MT Park." After a summary court martial, the petitioner was sentenced to suffer rigorous imprisonment for three months with a direction that the sentence shall be carried out by confinement in civil prison. He was also ordered to be reduced to ranks and was also ordered to be dismissed from service. Copy of the order dated January 11, 1985 imposing this punishment is at Annexure P-9;

2. Any person subject to the Army Act who considers himself aggrieved by a finding or sentence of any Court Martial is entitled to present a petition to the Central Govt. (the Chief of the Army Staff) or any prescribed officer superior in command to the one confirming the finding of guilt and sentence. The provision to this effect exists in Section 164(2) of the Army Act, 1950 . It appears that the petitioner while in custody submitted a representation dated January 28, 1985 t