H.N.SETH
G. B. SINGH – Appellant
Versus
UNION OF INDIA – Respondent
By this petition under Art. 226 of the Constitution, San. Ldr. G. B. Singh seeks a direction that the respondents be asked not to convene a second General Court Martial for his trial on any of the ten charges for which he had already been tried by a general Court Martial on August 1, 1971 and subsequent days.
2. During the period September 1968 to October, 1970 the petitioner was posted as Recruiting Officer at the Air-force Station Kanpur. On August 3, 1971 he was served with a charge sheet in which as many as ten charges were levelled against him. These charges related to his duties as Recruiting Officer at the Air Force Station Kanpur. Subsequently a General Court Martial was convened by the Air Officer Commanding-in-Chief. Maintenance Command Nagpur for trying the petitioner. This Court Martial found the petitioner guilty on first five count but acquitted him of the remaining five charges. The petitioner was sentenced to be dismissed from service. In usual course the finding and sentence awarded against the petitioner were referred to the Air Officer Commanding-in-Chief Maintenance Command for confirmation as required by Section 152 of the Air Force Act. The Air Officer C
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