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In case No. W.P. 23868(W) of 2005 it was contended on behalf of the writ petitioner, Lt. Col. Kamala Kanta Das that the very Constitution of the Court of Inquiry was illegal as those were part of the same Court of Inquiry where all the illegalities were deliberately carried out. It was alleged that the Presiding Officer did not make any effort to explain the rights of the charged officer and placed a few uncertified and unsigned documents purportedly statements of the witnesses of the previous Court of Inquiry though no such witness was produced for examination or cross-examination. Since the earlier proceeding was rejected, it was wrong on the part of the authority to rely on the same. It was then submitted that no fresh witness was produced and though sought for, the witnesses were not reexamined except one produced in defence of Lt. Col. S.N. Bhattacharya. It was also submitted that there was nothing in the inquiry report against such petitioner, K.K. Das. The proceeding was sought to be assailed on the ground that it was vitiated with bias. It was submitted that the Court did not carry out detailed analysis of the admission and operation carried out in Military Hospital, Panagarh during 2001 to 2003.