(1.) By this writ application under Article 226 of the Constitution of India, the writ petitioner- accused Capt. P.T. Peethamber challenges the Summary General Court Martial proceeding held against him.
(2.) The General Court Martial undar the Army Act, 1950 was held to try the petitioner who was holding the rank of Captain at the relevant time and posted at Agartala as Asstt. Garrison Engineer, for short 'AGE'. The petitioner was tried for, as many as, five charges, which reads as follows:
(3.) On conclusion of the proceeding the petitioner was found guilty and he was sentenced- (a) to be cashiered, and (b) to suffer rigorous imprisonment for one year. The sentence was pronounced on 10. 5.98. and the present writ petition! was filed on 15. 6. 98. During the pendency of this writ petition the sentence was confirmed as required under the Act but the confirmation was not completed as the petitioner could not be cashiered in view of the interim order passed by this Court. The petitioner challenged the legality and fairness of the decision taken by the Court Martial and also alleges malice and motive for his prosecution under the Act. The petitioner has also tried to challenged the provisions of Section 164 of the Act stating that it is not sufficient to render proper justice. The decision of the Court Martial has also been challenged on the ground to at charge No. 1 to 4 were barred by limitation and the charge No. 5 was based on no evidence.