He was promoted to the rank of Subedar Major with effect from 1st March, 1984, While he was serving with 75 Medium Regiment he was kept in close arrest with effect from 17th November, 1988 and was then companyrt martialed under the provisions of the Army Act, He was charged under Section 40 a , using criminal force to his superior officer, and Section 48 of the Array Act, 1950 for being in a state of intoxication while on duty.
The General Court Martial found the respondent guilty and there upon he Was dismissed from service on 1st August, 1989, He filed an appeal to the Chief of the Army Staff against the decision of the General Court Martial but the same was rejected after due companysideration.
1998 Supp 1 SCR 616 The Judgment of the Court was delivered by KIRPAL, J, The only question which arises for companysideration in this and the companynected appeals is whether the respondent who was junior companymissioned officer, would be ineligible for pension or gratuity in respect of all his previous service on his being dismissed under the Army Act, 1950.
423 of 1989 in the High Court of Jammu and Kashmir praying for quashing of the companyrt martial proceedings.
This petition was however, withdrawn and another writ petition No.
917 of 1991 was filed in the Delhi High Court for the grant of pensionary benefits.
The respondent then Filed writ petition No.
The respondent was enrolled in the Indian Army on 17th March, 1962.
