IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14345 of 2009 1.MD. MIRAJUL HAQUE MOLLAH S/O KHODABAKSH MOLLAH R/O PURBA PARA, P.S. BELDGANGA, DISTT. MUSSHIDABAD, WEST BENGAL Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF DEFENCE, NEW DELHI 2. GENERAL OFFICER COMMANDING BIHAR, AREA 3. THE OFFICER COMMANDING BIHAR, AREA 4. THE COLONEL, COMMANDING OFFICER NO. 1, TRAINING BATTALION (AT) ARMY SERVICE CORPS CENTER (NORTH), P.O. PAHARPORE, DISTT. GAYA 5. THE CAPTAIN ADJT. 8, O M FOR CO NO. 1, TRAINING BATTALION (AT) ARMY SERVICE CORPS (ASC) CENTER (NORTH), P.O. PAHARPORE, DISTT. GAYA, BIHAR ----------- For the petitioner : Mr. D.K.Sinha, Sr.Advocate and Mrs. Aparna Bharti,Adv. For the respondents : Mr. B.N.Gupta, C.G.C. -------- 3/ 05-11-2009 Heard learned counsel for the petitioner and the State. 2. Petitioner served in the Army as Animal Store Handler. He was subjected to a summary court martial proceeding on the ground that he misrepresented before the authorities as he contended before them that he was never subjected to any criminal proceeding. Later the authorities learnt that he was accused in a criminal case but was acquitted in the said case under judgment dated 02.03.2006, Annexure-8. The authorities, accordingly, drew up summary court martial proceeding against the petitioner and with reference to the said criminal proceedings he has been - 2 - dismissed from service under order dated 17.09.2005, Annexure-7 by the Capt.Adjutent and Quarter Master on behalf of Commanding Officer Training Bn (AT) ASC Centre (North) Paharpur, Gaya. In compliance of the orders of this Court dated 30.09.2008, passed in C.W.J.C. No.2910 of 2007, Annexure-1, the petitioner has challenged the aforesaid order dated 17th September, 2005 by filing an appeal before the competent authority and statement to that fact has been made in paragraph 37 of the writ petition. It is submitted on behalf of the petitioner that till date the appeal filed by the petitioner in compliance of the aforesaid order dated 30.09.2008, Annexure- 1, has not been considered and disposed of by the competent authority. 3. Let the competent authority consider and dispose of the appeal of the petitioner filed against the order dated 17th Sept. 2005 in accordance with law as early as possible preferably within two months from the date of receipt/production of a copy of this order before the competent authority. It may be stated here that the findings recorded by the Court martial against the petitioner has not been confirmed as is required under section 153 of the Army Act. ( V.N. Sinha, J ) BTiwary/