All the three respondents approached the High Court on 05.08.1992 by way of Writ Petition under Article 226 and 227 of the Constitution of India being Miscellaneous Petition No.2611 of 1992 with a grievance that the appellant had number decided the appeal till the date of filing of the Writ Petition.
O R D E R The present Civil Appeal is directed against the judgment and order dt.04.01.1996 passed by the High Court of Madhya Pradesh, Jabalpur in Misc.
The respondents were found guilty by the Officer Commanding, Troops, C.O.D., Jabalpur by order dt.18.04.1992.
Respondent Nos.2 and 3 were sentenced to undergo RI for six months each and also suffered dismissal from service.
They were sentenced to undergo RI for one year and dismissal from service.
Notice has also been served on respondent Nos.1 i , 1 ii , 2 and In spite of service, numbere appears for the said respondents.
The appellants challenged the legality and validity of the proceedings of the Summary Court Martial and award of the punishment by the Summary Court Martial on various grounds.
However, during the pendency of the Writ Petition, the appeal filed by the respondents was rejected by the appellant No.1 herein.
We have heard Mr.A.Sharan, learned ASG appearing on behalf of the appellants.
The appellants companytested the said Writ Petition by filing a detailed affidavit.
The first respondent died during the pendency of this appeal in this Court.
Petition No.2611 of 1992.
Being aggrieved by the above judgment, the appellant has preferred the present appeal in this Court.
This was in respect of respondent No.1.
