- (1.) BHARATI Sapru, J. Heard learned Counsel for the petitioner and the learned Addl. Solicitor General of India appearing on behalf of respondents.
(2.) THE petitioner has filed the instant writ petition seeking the following reliefs: (i) to issue a writ, order on direction in the nature of certiorari quashing the sentence of the Summary Court Martial (Annexure 5 above); (ii) to issue a writ, order or direction in the nature of certiorari quashing the order of rejection of the petition under Section 164 (2) of the Army Act submitted by the petitioner to respondent No. 2 (Annexure 7 above); (iii) to issue a writ, order or direction in the nature of mandamus directing the respondents to reinstate the petitioner in service with pay allowances and seniority; (iv) to issue any other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case; (v) to award the costs of this petition to the petitioner. " By the impugned order, an order of dismissal was passed against the petitioner on 17. 6. 1995 and thereafter the petitioner's appeal under Section 164 of the Army Act, 1950 (hereinafter referred to as the Act of 1950) had also been rejected by the army authorities on 23. 10. 1997. The facts of the case are that the petitioner Mahendra Kumar Tiwari was serving with 509 Army Base Workshop', Agra Cantt. From 1. 8. 1990 to 24. 4. 1992. On 11. 2. 1992 it was reported by one person that the petitioner was found in a field near Kendriya Vidyalaya Primary School under suspicious circumstances with one civilian with whom the petitioner was alleged to be engaged in unnatural act of sex. The petitioner had been absent from roll call without taking due permission to be away from 22 hours.
(3.) THE petitioner was tried under the provisions of Section 39 (d) of the Army Act, 1950 and he was punished by giving nim reduction in rank under Section 18 of the Act of 1950. The petitioner was thereafter posted out to another unit i. e. 623 EME Battalion at Ranchi on 24. 4. 1982. Later on 1994 the petitioner was posted to 608 EME Battalion in Jammu. and Kashmir.;