RAMBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) TRIED at a summary court martial from August 03, 1993 to August 05, 1993, and being found guilty of the second and third charge and acquittal of the first, sentence imposed upon the petitioner was to be reduced to the ranks. As a result whereof the petitioner was required to be discharged from service on account of the fact that the rank to which he got reduced had a lower age of superannuation.

(2.) THE petitioner alleges that his statutory petition under Section 164(2) of the Army Act questioning the order passed on August 03, 1993 by the Summary Court Martial was filed by him but not being decided, he had filed W.P.(C) No.1315/1997 in which the following order had been passed on April 28, 1997.

(3.) NOW, it is unfortunate that W.P.(C) No.1315/1997 was disposed of on the very first date of hearing without any notice issued to the respondents. We highlight that in the said year there was no practice followed in the Delhi High Court of serving advance copies of the writ petition to the respondents. The writ petition stands disposed of as recorded in the order dated April 28, 1997, upon the belief that the petitioner had filed a statutory complaint.