VIRENDRA KUMAR Vs. CHIEF OF THE ARMY STAFF NEW DELHI:CHAIRMAN DISCIPLINARY COMMITTEE BAR COUNCIL OF INDIA

JUDGEMENT

(1.) When judgment was pronounced in Civil Appeal No. 475 of 1976 (Virendra Kumar v. Union of India), it was thought that an unhappy litigation had come to a happy ending. But it was not so. It appears that Civil Appeal No. 475 of 1976 was only a prelude to a long drawn out acrimonious and dogged litigation, both parties to which appeared to us to be blameworthy. On the one hand, the matter appears to be viewed by the authorities as one of prestige, that is, false prestige and hurt-dignity. On the other hand. there is misplaced determination coupled with a sense of an emotional hurt on the side of the Captain.

(2.) The approach of the authorities is illustrated by the following statement in the counter-affidavit filed on their behalf by Major S. Krishna, Officiating Military Secretary Army Headquarters

(3.) We will now proceed to state the minimum basic facts, necessary and relevant but no more. We refrain from referring to facts considered by us to be unnecessary. Captain Virendra Kumar joined the Army on February 14 1965 as an Emergency Commissioned Officer He sustained war injury. On September 30. 1970, he was released from the Army having been placed in Permanent low medical category'. His Commission was revoked by a notification of the President. He challenged his release by filing a writ petition in the Delhi High Court and by taking up the matter in further appeal to this court after the writ petition was dismissed by the Delhi High Court. His appeal (Civil Appeal No. 475 of 1976) was allowed by this court on April 22, 1980. It was held by this court as follows: