THOMASKUTTY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner seeks a writ of certiorari for quashing the entire proceedings of the District Court Martial and the sentence passed against him. A writ of mandamus is also prayed to direct the respondents to reinstate him with immediate effect.

(2.) Petitioner joined the Military service on 2-2-1979. He was serving in the Army Medical Corps as Naik. While he was working in 172 Military Hospital a District Court Martial was ordered against him on the allegation that he committed offence under S.69 of the Army Act. He is alleged to have used criminal force on a woman with intent to outrage her modesty. The Court found him guilty of the offence and as punishment he was reduced to the ranks. Rigorous imprisonment for 18 months was also imposed against him. He was also dismissed from service.

(3.) Respondents challenge the very maintainability of the Original Petition before this Court Contention of the respondents is that the writ petition filed by the petitioner before this Court under Art.226 of the Constitution of India is not maintainable as the cause of action has not arisen either wholly or in part within the territorial jurisdiction of this Court. Contention of the petitioner is that after the punishment imposed against him by the Court Martial he has been undergoing imprisonment in the Central Jail, Trivandrum and therefore the writ jurisdiction of this Court can very well be exercised in his favour by this Court.