- (1.) LEAVE granted.
(2.) WHILE appeal arising out of SLP (C) No. 3385 of 2007 is directed against a judgment and order dated 16/11/2006 passed by the Division bench of the High Court of Delhi whereby and whereunder a writ petition filed by the appellant herein questioning the validity of a Court martial proceeding has been dismissed, appeal arising out of SLP (C)No. 5916 of 2007 is directed against the order dated 19th December, 2006 passed in the review petition. We may, before adverting to the contentions raised by the parties, notice the admitted fact of the matter. Appellant was commissioned in the Indian Air Force on or about 6/12/1985. He filed an application for posting to MOFT Unit so as to enable him to fly MIG 21 Fighter Aircrafts. The said application was rejected. He applied for premature retirement. A good conduct certificate was issued in his favour. However, a disciplinary proceeding was initiated against him on or about 20/1/2006 in respect whereof a charge-sheet was issued on 1/4/2006, the details whereof are as under : JUDGEMENT_499_JT9_2008Html1.htm
(3.) A convening order was issued for trial by a General Court Martial on 8. 5. 2006. A contention was raised as regards sustainability of the first three charges, inter alia, on the ground that as the witnesses named therein were not produced for cross-examination, the purpose of continuing the general Court Martial proceedings became frustrated. The same was rejected.;