NAIK GIAN CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment: will dispose of Criminal Writ Nos. 75 and 122 of 1981 and Civil Writ Nos. 2582/81 and 537 of 1082. In these petitions the challenge is to the validity of the Court Martial proceedings which were taken against the petitioners which resulted in orders being passed against them whereby the petitioners were reduced in rank, sentenced to rigorous imprisonment and ordered to be dismissed from service.

(2.) The petitioners belong to the Intelligence Corps and on 24th February, 1979 were posted to 480 Infantry and Field Security Company which, at that time, was being commanded by Major S. R. Yadav and was stationed at Kota.

(3.) On 24th February. 1979 an incident took place which culminated in the Court Martial proceedings being taken against the petitioners. Without going into the details of the incident it appears that all the petitioners were in an army one ton truck and were coming to the Unit area. It is admitted that the petitioners were coming back to the Unit from a Cinema Hall at abount 9 P.M. and that Net Ram, petitioner in C.W. No. 537 of 1982, was driving the truck.