IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice J. NISHA BANU
THE SECRETARY – Appellant
Versus
Ex MCEAA II Amit Dhull – Respondent
ORDER
M.JOTHIRAMAN, J.
The unsuccessful respondents / Secretary to the Ministry of Defence, Union of India and others have preferred this writ petition, challenging the order dated 28.04.2023 passed in OA(Appeal) No.145 of 2017 on the file of the Armed Forces Tribunal [in short "Tribunal"], Regional Bench, Chennai Circuit Bench at Hyderabad.
2. The respondent, namely Ex MCEAA-II Amit Dhull was tried before the Court Martial for two offences under the Navy Act, 1957 [in short "Act"]. The first charge under Section 55 (B) of the Act pertains to signing a certificate relating to aircraft spare parts / materials without ensuring its accuracy. The second charge under Section 60 (a) of the Act relates to knowingly making or signing a false official document. The Court Martial conducted the proceedings in consonance with the and the Regulations framed thereunder. The respondent has participated in the Court Martial proceedings. Finally, the Court Martial has passed an order dated 10.09.2014, wherein it has been held as follows:
"THE COURT HAVING FOUND THE ACCUSED AMIT DHULL MCEAA II 197826-F, INDIAN NAVY, INDIAN NAVAL SHIP HANSA, GUILTY OF CHARGE 1, 2 AND NOT GUILTY OF CHARGE 3, ADJUDGES T
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