1988 INSC 0055 Union of India and Others Vs Ranjit Thakur Review Petition No. 43 of 1988 in Civil Appeal No. 2630 of 1987 20.01.1988 (A.P. Sen, E.S. Venkataramiah JJ) ORDER 1. This is a review petition preferred by the respondent, in this appeal. 2. By the judgment dated October 15, 1987 (Rangit Thakur v. Union of India, (1987) 4 SCC 611 : 1988 SCC (L&S) 1 : (1987) 5 ATC 113) of this Court in appeal the proceedings of a Court-Martial, culminating in the imposition of the punishment of an year's rigorous imprisonment and dismissal from service on the appellant was quashed. 3. The contentions urged for the appellant are noticed in and are formulated as contentions (a) (i) and (ii); (b); (c) and (d) in the said judgment. The appeal was allowed and relief granted accepting the contentions at (a) (i) and (ii) and (d). Contentions (b) and (c) were not held in favour of the appellant. 4. Contention at (a) (i) was that in the conduct of the Court-Martial there was violation of the mandatory provisions of Section 130 of the Indian Army Act, 1950. In the present review petition it is pointed out - prima facie with some justification - that the Court-Martial was a 'Summary Court- Martial' and not 'Summary General Court-Martial' and that to the former, the provisions of Section 130 were not attracted. 5. But then, even if the point taken in the review petition as to the inapplicability of Section 130 is held to be well founded, the decision, however, appears supportable on the findings on contentions at (a) (ii) and (d). But the error, if any, as so the inapplicability of Section 130 should not be left uncorrected. 6. Issue notice confined to the finding on contention at (a) (i) in the judgment.