MITHILESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) MITHILESH Kumar has filed this Criminal Writ Petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari, quashing the proceedings of the General Court Martial, finding and sentence awarded thereon and confirmation thereof, being wholly illegal, arbitrary on the ground that the conviction had been recorded with no evidence on record, besides having been arrived in violation of various statutory and mandatory provisions vitiating the trial and the sentence and further for issuance of a writ of mandamus to restore the rank of the petitioner with all consequential benefits and also not to retire him pending the disposal of present petition.

(2.) BRIEFLY stated, the fact are that the petitioner was appointed as a Sepoy in December 1979 and later on was promoted as Havildar.

(3.) AT about mid-night, it is alleged that the occurrence took place, whereby the petitioner caught hold of Captain P.K. Tyagi and DMR Bhai gave him two blows. It is further stated that another OR Jawan, namely, S.S. Rawat had instigated DMR Bhai to assault Captain P.K. Tyagi.