- (1.) Counsel appearing in these two petitions both for the petitioners and the respondents submitted that many of the questions are common in these two petitions and they can be heard together and disposed of. We shall, however, first take up Writ Petition (Crl.) No. 4781/ 89 in which several questions including those that arise in the other petition are urged. WRIT PETITION (CRL.) NO. 478 OF 1989
(2.) This writ petition is filed under Article 32 of the Constitution of India. The petitioner at the relevant time was a Major in the Indian Army. He was charge-sheeted and tried by the court-martial for certain offences and was found guilty and punishment of removal from service was ordered. The court-martial proceedings and the order of punishment are questioned on various grounds.
(3.) It is mainly contended that the inquiring officer was prejudiced and biased against the petitioner and mala fides are also alleged against him. The next submission is that the initiation of summary of evidence was irregular and illegal as the same was not in conformity with the Army Rules 22 to 25. The further submission is that the general court-martial proceedings were not conducted as per law and that no grounds were made out for court-martial. Another submission is that the punishment was awarded in an arbitrary manner and that there is no confirmation of sentence as per law.;