ARUN RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Art. 226 of the Indian Constitution is preferred by the petitioner against the order dated19.1.2000 passed by the respondent No. 2 Chief of the Army Staff, rejecting the petitioner's representation and the order dated10.10.1998 and 15.1.1999 passed by the Presiding Officer of General Court Martial in the case of the petitioner and orders dated15.12.1998 and 6.3.1999 passed by the Lt. Colonel, Officer Commanding in the case of the petitioner and requested that the order passed against the petitioner be quashed and set aside. By the impugned order, the petitioner was found guilty for committing civil offence i. e. murder under Sec. 302 of the Indian Penal Code by the Presiding Officer of General Court Martial under the Indian Army Act and awarded the sentence to suffer imprisonment for life and also came to be dismissed from service by order dated15.1.1999.

(2.) We have heard learned counsel for the petitioner as well as the respondents. Perused the record.

(3.) The General Court Martial, thereafter, by order dated15.1.1999 revised the sentence and awarded the sentence of life imprisonment and dismissal from service which was subsequently confirmed by the Confirming Authority and challenge to the said order by submitting the petition to the Chief of Army Staff was also rejected by the Chief of the Army Staff, New Delhi. Hence the present petition.