Army private’s conviction on summary charges of disobeying orders and insubordination quashed

Judicial review - applicant member of Defence Forces holding rank of private - applicant summoned to superior's office to answer allegation that he absented himself from his post on November 16th, 2012 - conversation between applicant and superior in latter's office on same day - subsequent summary charge sheet prepared detailing absence, disobeying of command, and alleged insubordinate behaviour during conversation - consent of respondent for summary disposal of disobeying charge - no conviction following investigatory meeting - fine imposed on facts proven - whether 'convictions' should be quashed on basis that applicant's commanding officer must first conduct an investigation prior to placing the applicant on his election and subsequently seeking the consent of the respondent for summary disposal - legislative scheme in place - procedure to be followed - applicable regulations - commanding officer must apply in writing for the respondent's consent after investigation is completed - meaning of 'investigation' for purpose of rules - whether investigation means the hearing of the evidence before applicant's commanding officer - whether rules in conflict with legislation - whether investigation takes place before the hearing of the evidence - de minimis non curt lex - investigation is the taking of the evidence - determination made without jurisdiction and set aside - certiorari granted.