This petition under Article 226 and 227 of the Constitution of India has been filed with the prayers to issue a writ in the nature of certiorari quashing the charge-sheet dated 5-10-77 (Annexure-1), the finding of guilty dated 7-11-77 (Annexure 3-A) sentence order dated 7-11-77 the confirmation order dated 3rd December, 1977 (Annexure-6) and appellate order dated 31st January, 1979 (Annexure-8) and to issue a writ of mandamus directing the opposite parties to treat the petitioner in service.

2. The petitioner was appointed as sepoy on 12-7-65 in the Army Medical Cor. and was posted at Lucknow. He was promoted on the post of Paid Acting Naik in the year 1975. While serving as Laboratory Assistant in the Military Hospital, Fatehgarh, the petitioner was duly tried by the District Court Martial for the following charge for committing a civil offence under Section 69 of the Army Act. in the he, at Fatehgarh, on 14th June 77, while working as Lab Assistant Military Hospital, directly accepted for himself from No. 4445174 Sep Saroop Singh of Depot Coy Sikh Li Regimental Centre, Fatehgarh, the sum of Rs. 100/- (Rupees one hundred only) a gratification other than legal remun