M.M.S. BEDI, J.

1. The petitioner has approached this Court under Article 226 of the Constitution challenging order dated 5.9.2003 (Annexure P-2) issuing a direction for his attachment at Chandimandir by orders of Head Quarters, Western Command. The apprehension of the petitioner is that the attachment order under Army Instructions 30 of 1986 has been issued as he is required to be tried by Court Martial. Under the Instructions the officer against whom disciplinary action is contemplated may, where necessary, be attached to other units at the discretion of the Army Head Quarters or GOC-in-C Command concerned for the purpose of investigation and progress of the disciplinary case. The petitioner has sought quashing of order dated 5.9.2003 (Annexure P-2) primarily on the ground that the allegation for which he is sought to be attached for taking disciplinary action has become barred by Limitation under Section 122 of the Army Act,1950 as a period of three years has elapsed between the alleged date of offence and the date of trial.

2. Brief facts, which are necessary for the decision of this case are that the petitioner was posted as Commandant, Supply Depot, Chandimandir from