UNION OF INDIA Vs. MAJ PARAMJEET SINGH VIRDHI

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned Single Judge dated 23.3.94 in Civil Rule No.9(SH)/94.

(2.) We have heard Mr R.P. Kakati, learned counsel appearing for the Union Government and Mr M.Z. Ahmed, learned counsel for appearing for the contesting respondent. As the questions raised in the present appeal are only questions of law, the present appeal is being finally disposed of after hearing the learned counsel for the parties.

(3.) In Civil Rule No.9(SH)/94, the petitioner-respondent Maj. Paramjit Singh Virdi had challenged the order passed by the General Court Martial dated 13.6.92 by which he was found guilty of misconduct which had been alleged against him and had been sentenced to six months' simple imprisonment and was also cashiered. It is this order which has been set aside under the impugned judgment by the learned single Judge on the ground that the petitioner had already been kept under 'open arrest' for more than six months and thus he had undergone sentence of simple imprisonment for six months. The learned Single Judge was further of the opinion that in view of section 74 of the Army Act further punishment of cashiering could not be awarded to the petitioner-respondent.