G. C. MATHUR, J.:- The appellant was an employee in the Indian Army. He was tried by a summary Court-martial for the offence of using insubordinate language to his superior officer. He was found guilty of the offence. The Court-martial sentenced him to three months imprisonment as well as dismissal from service. The appellant availed of the remedies available to him under the Army Act, 1950, but failed to get any redress. He thereupon filed a writ petition in this Court. The only point he urged before the learned Single Judge was that the summary Court-martial did not have the jurisdiction or power to inflict the punishment of dismissal from service in addition to the punishment of imprisonment for three months. The learned Single judge did not accept this contention and dismissed the writ. Against the judgment of the learned Single judge, this appeal has been filed.

2. Sections 34 to 68 of the Army Act, 1950, set out the offences punishable under this Act and the punishments that may be inflicted on conviction for these offences. The appellant was tried for an offence under Section 40 (c) for using insubordinate language to his superior officer. The maximum punishment prov