Army Rules, 1954, Rule 40(2), 34(3) - The
reasons of nominating a Judge Advocate of a lower rank have not been communicated to the petitioner - Non recording of the reasons of appointing an officer junior in rank as a Judge Advocate
in the convening order and the lack of communication reasons in respect of the constitution of Court martial invalidate the Court martial proceedings. (176) P.L.R.
Army Rules, 1954 - Court Martial or any other Tribunal while conducting criminal or quasi-criminal
proceedings, is obligated to apply the finest principles of natural justice and fair play, to the extent the law permits, and consider varied aspects minutely to see that no injustice is done
to a party, especially the one not represented by a legally-trained mind. (177) P.L.R.
Army Rules, Rule 13(3), Item 1(ii)(a)(i) - Petitioner even if he was in Permanent Low Medical
Category cannot be discharged without submitting him to the Release Medical Board - Opinion of the Medical Board is a post decisional report to discharge whereas the Medical Board should have
examined the petitioner before the decision to discharge the petitioner has been taken. (176) P.L.R.
Army Rules, Rule 18 - Order of discharge from service become effective from the date of passing of
the order that is whereby the dismissal from service of the petitioner was commuted for discharge. (173) P.L.R. 7