HARISH UPPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the petitioner-in-person in support of this Special Leave Petition. We have also perused the written submmissions filed by him. We find no substance in the Special Leave Petition.

(2.) The Special Leave Petition is directed against an order of the Division Bench of the Delhi High Court dismissing the petitioners writ petition summarily on two grounds, viz., (1) that the petitioner had approached the Supreme Court but his petition was dismissed by the Supreme Court on November 27, 1972 reported as Harish Uppal vs. Union of India, (1973) 3 SCC 319 and (2) that his petition is highly belated. Whatever may be said about the first ground, the second ground given by the High Court is, in our opinion, perfectly justified. It cannot be said that the High Court has exercised its discretion in an arbitrary or illegal manner. A few facts will make it clear.

(3.) The petitioner was commissioned in the Indian Army (Artillery Regiment) in June, 1965. He was in the unit which was sent to Bangladesh in connection with military operations there in December, 1971. In respect of certain irregularities committed by the petitioner, a Court-martial was held against him at which he was found guilty and he was awarded the punishment of (a) dismissal and (b) two years rigorous imprisonment. This punishment was imposed after given the petitioner an opportunity of pre-confirmation hearing as provided by Section 164(1) of the Army Act, 1950. The final orders imposing the said punishment were passed on August 14, 1972 and communicated to the petitioner on September 3, 1972.