SUNIL ISSAR Vs. PRESIDING OFFICER COURT OF INQUIRY

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Perused the record.

(2.) The petitioner was serving as a Lieutenant Colonel in the Indian Army when charges were framed against him and he was tried by general Court Martial. There were six charges levelled against the petitioner. During the Court-martial, he was held to be guilty of four of the charges being charge Nos. 1, 4, 5 and 6. Thereafter he was sentenced to suffer rigorous imprisonment for three years and he was also cashiered. It appears that the petitioner challenged the order by way of writ petition earlier which was withdrawn by the petitioner on the ground that he would approach the Chief of the Army Staff. Thereafter, he approached the Chief of the Army Staff who rejected his appeal against the conviction, however, reduced the sentence of imprisonment to the period already undergone by him. This order was passed by the Chief of the Army Staff on 2.6.2000. Thereafter, this writ petition came to be filed.

(3.) The petitioner has challenged the conviction and sentence imposed by court marshal mainly on following grounds: