order with
all the benefits under the Rules.
A General Court-Martial (GCM) under the Army Act,
1950 (for short `the Act') was convened ... against the appellant for which he was
suspected to be tried by GCM were:-
"No.3973649A Sep Bachan Singh of
2DOGRA is resident
petitioner was tried by a General Court Martial (for
short GCM), which exonerated him of all the charges by holding
him „Not Guilty‟. The confirming ... Army Act (hereinafter „Act‟) and remanded back the matter to the
GCM with certain directions. On remand the GCM recorded
additional evidence and examined some
thus sent for trial by a General
Court Martial (for short GCM) convened by the GOC of the area.
2 The Charge sheet served upon ... held guilty of all the charges except the first one. The GCM
sentenced the petitioner with the punishment of 'cashiering' from
service
which further prejudiced his defence. The Deputy
Judge Advocate General, appointed for GCM was junior to
the petitioner and was not changed despite objections
raised ... junior rank could
be there for the trial of the GCM which is permissible. A
certificate to that effect was endorsed in the convening
order
respondents proceeded to hold a General Court Martial ( for short, 'GCM' ) where the petitioner was held guilty and was imposed the sentence ... petitioner is that the action of the respondents in holding the GCM is contrary to Rule 24 of the said Rules since a final finding
these charges were held
not proved whereas the General Court Martial (GCM) took place which
inquired into the aforesaid charges. As per the findings recorded ... GCM, some of the charges were not proved whereas some chares
stood proved. On the basis of the said findings of the GCM, which
were
also lacks jurisdiction as the only competent
authority to convene the GCM is an officer of
the rank of Air Marshal in the appointment
which an SCM can be convened rather than a General Courts Martial (GCM) or District Courts Martial (DCM) or Summary General Courts Martial (SGCM
made
against the individual makes an adequate case for
summary trail/GCM/SGCM or an administrative action
resulting in termination of service or otherwise. This ... involve moral turpitude, fraud, theft, and
dishonesty and where trial of GCM is either not
practicable being time barred or is not expedient
which an SCM can be convened rather than a General Courts Martial (GCM) or District Courts Martial (DCM) or Summary General Courts Martial (SGCM
