UNION OF INDIA Vs. CORPORAL SHARMA A K

JUDGEMENT

(1.) Appellants Nos. 1 and 2 were the respondents in Civil Rule No. 335/89, which was heard and disposed of by the learned single Judge of this Court on 20th March, 1995, by his order allowing the writ petition holding that, the proceeding of the District Court Martial culminating in the finding of guilt and sentence passed thereupon and the confirmation thereof by the authority shall stand quashed. Being aggrieved by the order of the learned single Judge, the Union of India and the Air Officer Commanding-in-Chief, Eastern Air Command, Indian Air Force, have come up with this appeal challenging the correctness and legality of the order under appeal on the grounds taken in the appeal.

(2.) We have heard the learned counsel for the appellants, the Central Govt. Standing Counsel, and the learned counsel for the respondent.

(3.) The brief facts necessary for the purposes of disposal of this appeal are as follows :