B .A KHAN,J - (1.)This appeal is directed against Writ Court judgment dated 22.10.1998 dismissing appellants writ petition, SWP No. 856/1986.
(2.)FACTS giving rise to this appeal may be summarized, thus. The appellant is working as Carpenter in the Army. During the interrogation of one Gnr Aya Singh, it was revealed that the appellant was involved in espionage. He was thus detained. His army custody was held justified in a Habeas Corpus petition filed by the appellant for his release from custody. The Commanding Officer of the appellant recommended his termination from service in view of the serious allegations of espionage against him. The matter was processed in various channels/commands. All the channels, justified the action proposed by the Commanding Officer. Recommendations were made for termination of the appellant without giving any show cause notice to him.
(3.)THE Chief of the Army Staff directed his termination of service under Section 20 of the Army Act read with Army Rule 17. The termination order was communicated vide No.8023956/JS/125/A dated 8.8.1986 certifying that it was inexpedient to serve a show cause notice on the appellant.
The appellant challenged communication dated 8.8.1986 in SWP No.856/1986. Termination was called in question as violative of Army Act and Army Rules.