GYAN BAHADUR CHHETRI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioners, while being posted at Army Units located at Bikaner, the General Court Martial (GCM) proceedings were initiated against them by the respondent no.3-General Officer Commanding vide order 26/5/2016. The charge-sheet dtd. 19/5/2016 was served upon the petitioners, alleging two charges against the petitioners; first charge was under Sec. 69 of the Army Act, 1950 (hereinafter referred as to 'Act of 1950') along with Sec. 34 of IPC, and the second charge was under Sec. 63 of the Act of 1950 alongwith Sec. 34 of IPC.

(3.) Learned counsel for the petitioners submitted that the petitioners were already tried during the Court Martial proceedings for the aforementioned charges, and were found 'not guilty' of the first charge, but were found 'guilty' of the second charge; now, the subsequent impugned show cause notice dtd. 31/7/2021 is nothing but an act subjecting the petitioners to double jeopardy, which is apparent on face of the record.