R S KALRA MAJOR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was commanding 203 Army Engineer Regiment as a Lt.Col. ir1972. On 14.11.1972 he was tried and convicted by GCM under sections 47 & 62of Army Act and was sentenced to forfeiture of seniority of substantive rank of Majorfor two years and severe reprimand by the GCM vide order dated 22.11.1972Petitioner was tried on two counts:-

(2.) This sentence dated 22.11.1972 was confirmed by respondent No.3 on 3.4.1973.Petitioner preferred an appeal under section 164 of the Army Act to the Chief ofArmy Staff namely respondent No.2. This was however rejected by respondentNo.2 and decision was conveyed to the petitioner vide order dated 11.3.1974.Petitioner preferred yet another appeal to the Central Government namely respondentNo.1 and in response he received reply dated 5.9.1974 to the effect that since hehad already exhausted his right to appeal under the Army Act no cognizance couldbetaken of such an appeal filed by the petitioner before the Central Government.Thereafter the petitioner filed this petition in which he is seeking quashing oforders dated 5.9.1974,11.3.1974, 8.7.1972 and 3.4.1973. He has furtherprayed for directions to respondents to reinstate him in his original rank of Lt.Col.with all benefits. It may be pointed out that the petitioner was attached to another unitunder Army Instruction 106 of 1960 and asked to relinquish acting rank of Lt.Col.after 21 days on the basis of an illegal order dated 8.7.1972. He has further prayedin the petition that in the event his pleas are accepted he should be reinstated in hisoriginal rank of Lt.Col. w.e.f. 21/08/1972 till the age of his normal retirementon attaining the age of 52 years as per revised rules and regulations for Lt.Col.rank.

(3.) Main contentions advanced by the petitioner, which formed the basis ofchallenge to the aforesaid orders, are as under:-