- (1.) Case called out in the revised list. Shri Chandra Narain Tripathi, learned counsel for the petitioner and Shri S.K. Rai, learned counsel for the respondents are present. The petitioner was holding the post of Second Lieutenant in the Indian Army. The petitioner was charged, and he faced Court Martial at Niyari in the year 1991. By the order dated 7.8.1991, the Court Martial sentenced the petitioner for seven years rigorous imprisonment and also cashiered the petitioner from the service. The said order dated 7.8.1991 was confirmed by the order dated 4.11.1991 passed by the G.O.C.-in-Command (Northern Command).
(2.) The petitioner filed Post Confirmation Petition under Section 164(2) of the Army Act, 1950 before the Central Government and the Chief of Army Staff. By the order dated 10.8.1993, the Union of India, Ministry of Defence dismissed the said Post Confirmation Petition filed by the petitioner. The present writ petition was thereafter filed by the petitioner, inter alia, praying for quashing the said orders dated 7.8.1991, 4.11.1991 and 10.8.1992.
(3.) Thus, the subject-matter of the writ petition pertains to service matter in respect of the petitioner as well as the sentence awarded to the petitioner by the Court Martial. The petitioner, as is evident from a perusal of the writ petition, was a member of the Armed Forces covered by the Army Act, 1950.;