ISHWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition through which the petitioner, a released Emergency Commissioned Officer, inter alia, prays for quashing the order dated November 26. 1968 whereby his services were terminated by the first respondent while he was working as Assistant Commandant in the Border Security Force (for short 'BSF') and claims seniority on the basis of Rule 6(l)(b) of the Released Emergency Commissioned. Officers and Short Service Commissioned Officers (Reservation of Vacancies) Rules 1967 (for short 1967 Rules') or Rule 6(l)(b) of the Released Emergency Commissioned Officers and Short Service Commissioned Officers (Reservation of Vacancies) Rules 1971 (for short 1971 Rules'), in the Central Industrial Security Force (for short 'CISF') to which he was subsequently appointed on January 12, 1971 as Assistant Commandant.

(2.) A narrative of the relevant facts necessary for resolving the controversy are as under :

(3.) On June 30, 1963 the petitioner was commissioned in the Army as an Emergency Commissioned Officer after having undergone the requisite training. On September 15, 1967 the petitioner was demobilised and released from the Army while he was working as Acting Captain. Before the petitioner was released from the Army he was informed that he had been selected for being appointed as Assistant Commandant in the BSF. On November 2, 1967 formal orders of his appointment as Assistant Commandant in the BSF, in the grade of Rs. 325-25-600-35-670-EB-35-950 with special pay of Rs.l50 p.m., were issued. However, the appointment of the petitioner in the BSF lasted for a short time as his services were terminated by the first respondent on November 26, 1968. It needs to be pointed out that few months before his termination on September 8, 1968 the petitioner's explanation was sought with regard to the allegations that while on patrol duty on August 2, 1968 he slept with a girl in Village Chhanni Dawani in Jammu Province and also took her and Shiv Ram, her father, in his vehicle to Jammu. In response the petitioner by his explanation dated September 9, 1968 stated that the allegation that he slept with the girl was totally false. He, however, admitted that he took shelter for the night in the village. With regard - to the other allegation that he carried the said persons in his vehicle to Jammu, he averred that he had given lift to the said persons in his vehicle on humanitarian grounds and without any self interest. He closed his explanation by saying that he had committed a blunder for which he should be forgiven and he will never repeat the indiscretion. After termination of his services from the BSF, on his representation for reinstatement, the petitioner was appointed in the CISF on January 12, 1971 as Assistant Commandant, which post carried a scale of 350-25-500-30-590-EB-30-800-EB-830-35-900 plus special pay of Rs. 100 p.m. It was specified in the order of appointment that his appointment -was temporary in nature. By order dated August 14, 1972 the Government of India fixed the pay of the petitioner at Rs. 450 per month by giving him the benefit of his Army service in accordance with Office Memorandum dated January 1, 1972. On December 24, 1973 the petitioner was declared to have completed his probation as Assistant Commandant with effect from January 20, 1973 and was also declared suitable for confirmation. It appeals that respondent No. 3 Mr. D. V. Behl, who was promoted on July 1, 1974 as Commandant, stole a march over the petitioner and the petitioner felt aggrieved against this treatment which impelled him to file the present writ petition, which was instituted on March 3, 1975.