COL ANAND SWAROOP, SM Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by Col. Anand Swaroop under Article 226 of the Constitution of India for quashing of the impugned order dated 28th October, 2020 whereby he was called back from his leave which was granted to him for 2 months as Annual leave from 12th October, 2020 to 10th December, 2020. Directions have also been sought to the respondents to grant him his entitled leave from 2017 onwards including the leave for 2020 and thereafter.

(2.) The petitioner joined the Indian Army as a Short Service Commission Officer and was granted Permanent Commission in 1994. He seems to have been involved in many mountaineering expeditions of the Army and had also gone to the South Pole in November 2010 to February 2011. He has also received several awards for these activities. He was a member of the North Pole Ski Expedition flagged off by respondent No. 4 on 21st February, 2012 though the expedition was aborted on 14th March, 2012 and the team had to return back to India.

(3.) Due to certain complaints which according to the petitioner were anonymous, an audit was directed in respect of expenditure incurred for the North Pole Ski Expedition. A Staff Court of Enquiry was convened by the HQ Delhi area to investigate into irregularities, if any, in accounting of funds allotted for the Indian Army Ski Training Expedition 2012 to Norway and North Pole on 11th October. 2012. Evidence was recorded between 31st January, 2014 to 18th June, 2014. When the findings and opinion of the Staff Court of Inquiry were not supplied to the petitioner, he filed an Original Application bearing O.A. No. 593/2015 before the Armed Forces Tribunal (AFT), Principal Bench at New Delhi on 8th August, 2015, which is still pending adjudication.