COL ANILTEJ SINGH DHALIWAL Vs. GENERAL COURT MARTIAL

JUDGEMENT

(1.) This case arises out of an application filed under Article 226 of the Constitution of India.

(2.) The petitioner is an army officer of the rank of Colonel and was posted as Commanding Officer at 116, Engineer Regiment, with Headquarter, 17 Mtn. Arty. Brde. On certain allegations of lapses on his part charges with nine heads were framed against him on 24-6-1996 by the Commanding Officer (Respondent No.3) and he was ordered by the General Officer Commanding (Respondent No.4) to be tried by the General Court Martial. The Court Martial continued from, 1-7-1995 to 10- 11-1995 and ultimately on 10-11-1995 the Court Martial passed the judgment.

(3.) In its judgment the Court Martial found the petitioner guilty with respect to four, out of nine charges and sentenced him to undergo rigorous imprisonment for eight months and also cashiered him. When the matter was pending before the authorities for confirmation of the order of conviction and sentence, the petitioner filed the instant writ petition on 11-12-1995. Immediately after passing of the order of the Court Martial, the petitioner was taken into custody. He sought for intervention of this Court and the Court by its order dated 13-12-1995 ordered for release of the petitioner on bail.