V K ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Within three months the petitioner is back to this Court as this writ petition is the second round of litigation. On the earlier occasion,the petitioner had filed CWP.No.2459/2002 in which he had averred that the petitioner is a Brigadier who was commissioned in the Indian Army as Second Lieutenant in the year 1967. He was promoted to the rank of Brigadier on 8th January,1996. Certain irregularities were alleged against him and by order dated 3rd November,1999 the Court of Inquiry against the petitioner was convened. This inquiry wae concluded in June,2000. However, nothing happened for quite come time. Thereafter vide Order dated 13th February,2002 disciplinary action against the petitioner was initiated by conducting hearing of the charge proceedinge under Army Rule 22 by GOC 9 Inf.Div. (the Commanding Officer of the petitioner) under whom the petitioner wae attached and he ordered the evidence to be reduced to writing.

(2.) The petitioner averred in earlier as well as in this writ petition that he wrote two lettere dated 12th and 15th March,2002 to hie Commanding Officer for making certain prosecution witnesses available for his cross-examination. By Order dated 17th March,2002 the Commanding Officer asked the petitioner to submit the names of his defence witnesses and the petitioner complied with this requirement of hie letter by submitting his list of witnesses on the same day. However, it wae followed by number of remindere by the petitioner for making these witnesses available for cross-examination and his defence. The Commanding Officer vide letter dated 5th April,2002 replied that necessary action was being taken to procure all the witnesses called for by the petitioner.

(3.) It was the grievance of the petitioner that while eight prosecution witnesses and fourteen defence witnesses were yet to appear for their deposition the Commanding Officer suddenly and prematurely directed the summary of evidence to be closed vide Order dated 10th April,2002 which was done on the orders of the respondent no.4 i.e. GOC 11 Corps.