UNION OF INDIA Vs. SURINDER KUMAR

JUDGEMENT

(1.) The respondents in both these Letters' Patent Appeals (LPA) have been imposed punishment by the Summary General Court Martial (SGCM), which was called in question by them in two separate writ petitions. The learned writ Court, in view of the fact that common issues were involved and the punishment was outcome of a single incident and common trial by the SGCM, disposed of both the writ petitions by one common order, whereunder, the punishments imposed on the respondents-writ petitioners were set aside and respondent, Surinder Kumar, earned clear acquittal, whereas, Onkar Singh Chib was given benefit of doubt. It is this judgement, which has been called in question in these two LPAs.

(2.) In LPA (OWP) 115/2001, the Court by its order dated 11-09-2001 ordered for staying of the implementation of the impugned judgement. Similarly in LPA (OWP) 137/2001, on 16-03-2002, the impugned judgement was ordered to be suspended pending disposal of the Appeal.

(3.) For appreciating the issues raised at bar, we deem it appropriate to give brief resume of the facts of the case.