COLLECTOR DHIR SINGH CHHIMA Vs. UNION OF INDIA

JUDGEMENT

(1.) -These two petitions can conveniently be disposed of by a siPngle order since the same relate to same series of events and raise almost identical questions on different aspects pertaining to the petitioner.

(2.) In Civil Writ No. 1137/95, the petitioner has sought a direction for quashing of furtherceedings, which are in progress, in pursuance to the issuance of tentative charge sheet (Annexure-P-6) on the ground that further progress in the case against the petitioner is without jurisdiction since charges have become time barred under Section 122 of the Army Act and that the petitioner has ceased to be amenable to the jurisdiction of the Army Act. The ancillary reliefs claimed are to direct the respondents not to compel the petitioner to move to Meerut, in any manner, either to face proceedings or otherwise, since the proceedings against the petitioner have been rendered without jurisdiction.

(3.) In the other writ petition (CIVIL WRITNo. 3768/94), the petitioner has sought the quashing of orders (Annexure-P-24) invoking Section 123 of the Army Act, in respect of the petitioner, till finalisation of the summary of evidence and disciplin- ary case pending against him and the order, which directs that the petitioner be placed under close arrest with effect from 30th August, 1994.