CAP HARMINDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged in the writ petition the show-cause notice dated 28.2.1984 issued under Army Rule 14 read with Section 19 of the Army Act, 1950.

(2.) The case of the petitioner is that having come to the conclusion that the proceeding with Court Martial against the petitioner had become time barred, no notice under Rule 14 for administrative action could be issued.

(3.) The petitioner is alleged to have committed offences on the 10th of March, 1979 and the 22nd of March, 1979. The nature of offence is not relevant for the purpose of this case to be adverted to. In December, 1980, summary of evidence was recorded. In February, 1981, fresh summary evidence was recorded. On the 5th of August, 1981, the General Court Martial was ordered to be convened on the 18th of August, 1981. On the 14th of August, 1981, the petitioner moved the Supreme Court and obtained orders of stay of Court Martial proceedings. The grounds stated in the writ petition before the Supreme Court are not relevant in this case. On the 18th of August, 1981, the Supreme Court stayed the Court Martial proceedings. On the 26th of November, 1982, the Supreme Court .dismissed the writ petition. Consequent upon the dismissal, the respondents were at liberty to proceed with GCM.