R P SINGH VSM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by an order of the Commander, Headquarters, Technical Group EME dated 15.02.2002 as contained in Annexure 'P-6' to the writ petition whereby and whereunder he has been further attached to HQ Inf Division till finalization of disciplinary proceedings.

(2.) The fact of the matter is as under. The petitioner is a Brigadier Commander. An anonymous complaint was made against him in the first week of April, 2000 pursuant whereto a court of inquiry was directed to be held. According to the petitioner, General Officer Commanding Head Quarter, Delhi Area Major General V.K. Bhanot was asked to investigate into the matter and nothing was found against him. The petitioner was, however, at the relevant point of time undergoing his courses at National Defence College. While he was on leave on or about 04.01.2002, a letter was served upon him whereby and whereunder he was informed that he had been attached with Tech. GP EME, Delhi till finalization of disciplinary proceedings against him. Thereafter the impugned order was served on him on 15.02.2002.According to the respondents, the said order was passed as there is a possibility that the petitioner would tamper with the evidence or influence the witnesses.

(3.) Mr. Tikku, the learned counsel appearing on behalf of the petitioner, would contend that the impugned order was passed at the instance of the respondent No. 4 as he had asked for certain favours from him to which he could not agree. The learned counsel would further contend that the attachment itself amounts to a stigma and having regard to the fact that an order of attachment was passed till finalization of the disciplinary proceedings, there is absolutely no reason as to why he is sought to be attached in Ferozepur, which is not a static area.