1977 (3) TMI 162

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..... e filed an appeal from that order to the Chief of Army Staff, who by his order dated December 21, 1966 set aside the order of dismissal and substituted in its place an order of discharge with retrospective effect from July 11, 1966. Four years thereafter, the appellant filed a writ petition in the Delhi High Court on September 22, 1970 which was dismissed in limine by the High Court on November 25 .....

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..... reme Court Rules was ultra-vires. That petition was dismissed on August 3, 1970 and one month thereafter he filed the pre sent writ petition in the High Court. 3. It may perhaps be that the appellant was misdirected in regard to the remedies which he should have adopted, but what stares one in the face is that it was for the first time in September, 1970 that the appellant invoked the extra-ord .....

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