D. P. Wadhwa, J. - (1.) Appellants are aggrieved by the judgment dated February 21, 1994 of the Division Bench of the High Court of Judicature:Andhra Pradesh dismissing their appeal against judgment dated April 25, 1991 of the learned single Judge of that High Court whereby the learned single Judge allowed writ petition filed by the respondent and quashed the court-martial proceedings held against him including the confirmation of sentence passed upon him by the court-martial.
(2.) A General Court-martial (GCM) under the Army Act, 1950 (for short 'the Act') was convened to try the respondent holding the rank of Major in the Army on the following charge: "Charge Sheet The accused IC-14827-F Major Arshad Hussain, 225 Ground Liaison Section Type 'C' attached to AOC Centre, an officer holding a permanent commission in the Regular Army, is charged with:- Army Act AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE, Section 63. in that he, at Field, between 17 Sep., 84 and 17 Nov. 84, when serving with 225 Ground Liaison Section Type 'C', lost by neglect twelve (12) pages of the Commander's Operational Brief taken on charge at Serial 115 on the Incoming TOP SECRET Register of HQ 150 Inf Bde which were entrusted to him for safe custody. Place:Secunderabad Sd/- Date:14 Aug., 87 (Gautam Mitra) Brig Commandant AOC Centre To be tried by General Court-Martial. Station:Madras-9 Sd/- Dated:25 Aug., 87 (Deepak Sehdev) Colonel Colonel A For General Officer Commanding, Andhra, Tamil Nadu, Karnataka and Kerala Area." Section 63 of the Act reads as under: "63. Any person subject to this Act who is guilty of any or omission which, though not specified in this Act, is prejudicial to good order and military discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned."
(3.) After conclusion of the GCM proceedings the respondent was held guilty of the charge and was sentenced to be dismissed from service by order dated December 26, 1987 of the General Court-martial. The sentence passed against the respondent was confirmed by the confirming authority as required under the Act.;