(1.) The judgment, reproduced below was drafted by the late Mr. Justice Roy and we all had subscribed to it. We heard the matter formally again on November 19, 1971. We adopt the judgment as our own.
(2.) This is an appeal by the Union of India by way of special leave.
(3.) On April 9, 1959, the Central Government directed removal from service of Capt. S. K. Rao under R.14 of the Army Rules, 1954. The facts leading to his removal are as follows: