LT COL SUDHIR KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India with the following prayer :

(2.) Charge-sheet dated 4th October, 1997 was served upon him persuant to which General Court Martial (hereinafter referred to as 'GCM', for short) proceedings were conducted and ultimately petitioner was imposed the sentence of dismissal from service with other consequential penalties involved. However, vide order dated 18th September, 1998 Chief of Naval Staff set aside the penalty order dated 13th December, 1997 and ordered retrial of the petitioner. In fact it is this order of retrial which the petitioner is seeking to quash and arguments were also heard on this aspect as to whether Chief of Naval Staff could order retrial of the petitioner after setting aside the penalty order dated 13th December, 1997.

(3.) Let me first recapitulate the facts which led to passing of the aforesaid order dated 18th September, 1998.