M. K. Mukherjee, C.J.

1. Rameshwar Mahto, the respondent herein, while working as a Motor Transport Driver in the 504 Army Supply Corps Battalion, attached to the 4th Mountain Division at Chaitham Lines, Allahabad was placed on trial before a summary court-martial on the allegation that he had made false accusations against persons subject to the Army Act, 1950. On conclusion of the trial he was sentenced to suffer rigorous imprisonment for three months and dismissed from service by an order dated March 13, 1984 passed by the Commanding Officer, 504-A. S. C. Battalion Aggrieved thereby he filed a writ petition before a learned Judge of this Court which was allowed and the impugned order dated 13th March, 1984 was quashed. The above judgment and order of the learned single judge is under challenge in this special Appeal filed by the Union of India and the Army authorities!

2. While allowing the writ petition and quashing the impugned order the learned Judge found various infirmities in the conduct of the trial before the summery court-martial and, one of them was that Rule 129 of the Army Rubs, 1954, which reads as under ; "Friend of accused - In any summary court-martial, a