Deepa Sharma JUDGMENT
Gita Mittal, J.
1. The present writ petition has been filed by the petitioner assailing the following:-
(i) the order dated 1st November, 1990 passed in terms of Regulation 169 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965 convening the court martial of the petitioner which was communicated by Commander B.K. Ahluwalia, Trial Judge Advocate on the 2nd of November, 1990 on twenty seven charges.
(ii) the order dated 15th March, 1991 of the court martial finding the petitioner guilty of commission of eight charges, i.e., 4th 6th 7th 20th (of Rs. 13,852/- only) 23rd 25th 26th and 27th charge (out of the 27 charges for which he was tried) as well as the order of same date awarding the sentence of 24 months rigorous imprisonment, dismissal from service and fine of Rs. 10,000/- or six months imprisonment in default of payment of fine which was imposed on him.
(iii) the order dated 27th August, 1991 passed by Admiral L.R. Ramdas, Chief of the Naval Staff under section 163 of the Navy Act, 1957 maintaining the conviction of the petitioner on all charges except the charge 20 and reducing the sentence of imprisonment to the period of imprisonment already undergone while maintaining the other punishments.
(iv) the order dated 8th December, 2010 passed by the Armed Forces Tribunal in T.A. No. 23/2009
(v) and the order dated 23rd December, 2010 passed in M.A. No. 448/2010 by the Armed Forces Tribunal.
The writ petitioner complains of violation of his Fundamental Rights under Articles 14, 19(1)(g) and 21 of Constitution of India as well as his statutory rights under the Navy Act, 1957 and principles of natural justice.
Factual Narration
2. The petitioner was commissioned into the Indian Navy on 1st July, 1970 as Sub-Lieutenant. It is an admitted position that the petitioner was awarded the Sword of Honour for being the Best Mid-Shipman of his course. He has held various important assignments ashore and afloat during his career with the Navy having specialized in "Clearance Diving". Between 1977-78, he was deputed to undergo a specialist course in the USSR. He is an alumna of the prestigious Defence Services Staff College, Wellington. So far as operational activities in which the petitioner has participated are concerned, the petitioner took part in the 1971 Indo-Pak war on the western front; in 1985, he was deputed to Ireland to recover the Black Boxes of the ill-fated Jumbo "Kanishka", which he successfully recovered; in 1989, the petitioner participated in the IPKF operations at Sri Lanka for which he was awarded by the President of India on Republic Day in 1990 and was honoured being "mentioned in dispatches" for his devotion to duty.
3. The appointment of Command Diving Officer in Headquarters Eastern Naval Command, Visakhapatnam was the last assignment held by him. By 1988, the petitioner had an unblemished record of over 20 years of dedicated service with the Indian Navy. The petitioner submits that he had an illustrious career and was a committed soldier till such time he was wrongly implicated in the case under consideration. This narration of facts is not disputed in the counter affidavit which has been filed before us.
4. So far as the case against the petitioner is concerned, it becomes necessary to refer to his posting in August, 1988 as Commanding Officer of INS Magar, a ship which was based at Visakhapatnam The petitioner has contended th........