UNION OF INDIA Vs. RAM ADHAR TIWARI

JUDGEMENT

(1.) -We have heard Sri Shishir Kumar, counsel for appellants, and Sri G. D. Mukherji, counsel appearing for the respondent.

(2.) BY this appeal, the appellants have challenged the judgment of learned single Judge in Writ Petition No. 20405 of 1997, Ram Adhar Tiwari v. Union of India and others. Learned single Judge vide judgment dated 19th August, 1997 has allowed the writ petition filed by the respondent setting aside the order imposing sentence in the summary court-martial dated 30th July, 1997.

(3.) THE counsel for the appellants challenging the judgment of learned single Judge has made various submissions. Following are the submissions raised by the counsel for the appellants in support of this appeal :