- (1.) HEARD Shri S.K. Shukla, Counsel for the appellant and Shri Ashok Singh, learned Counsel appearing for the respondents.
(2.) THIS special appeal is directed against the judgment and order dated 3 -9 -2002 passed by the learned single Judge in Writ Petition No. 36280 of 2002 where by the learned single Judge has dismissed the writ petition. The writ petition was filed by the appellant challenging the order of Summary Court Martial and the order dated 13 -7 -1998 passed by Chief of Army Staff. The petitioner was found guilty of making a wilfully false answer to questions set forth in the prescribed form and at the time of enrolment. A criminal case No. 79 of 1993 was registered against the appellant which was committed to session on 18 -4 -1994. Learned single Judge dismissed the writ petition upholding the order of Summary Court Martial. The Counsel for the appellant contended that since he was acquitted in the criminal case vide judgment dated 29 -7 -2000, it be treated that he was never involved in any crime. The Counsel for the appellant has placed reliance on apex Court judgment in Commissioner of Police, Delhi v. Dhaval Singh, reported in 2000(1) S.C. Services Law Judgments 280.
(3.) WE have heard the Counsel for the parties and perused the record. The facts brought on the record clearly shows that appellant suppressed the material fact that he was involved in a criminal case at the time of his enrolment in the army.;