(1.) The present writ petition has been filed by the petitioner impugning inter alia the decision of the respondents placing the petitioner under close arrest/military custody and prayed for issuance of a writ of prohibition against the respondents from taking any disciplinary action against the petitioner after his retirement on 28th February, 2003 with further directions to the respondents to allow all pensionary benefits as may be available upon his retirement on superannuation.
(2.) The factual matrix laid before us is narrow. On successful completion of 36 years of unblemished service by the petitioner with the Indian Army, the respondents issued an order dated 24th July, 2002 directing .that the petitioner's retirement on superannuation had been ordered with effect from 28th February, 2003.
(3.) Unfortunately for the petitioner, on 13th March, 2001 the country was subjected to expose with the release of video tapes under the caption "Operation Westend" on the Zee TV Network by a Website named Tehelka. Com, claiming to be engaged in the field of investigative journalism. The released tapes were of the duration of 4 1/2 hours. It is contended that as per the website these had been edited from 105 hours of filming. The video tapes purportedly contained footage attributed to be of the petitioner alleging his participation in procurement of defence equipments by undue influence. As serious allegations were leveled against officials in the Defence Ministry as well as six Army officials, the Ministry of Defence vide orders dated 13/14th March, 2001 required the petitioner to give written comments to the contents of the video tapes.