RAKESH TIWARI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) BY this application filed under Section 114 of the CPC, the petitioner seeks review of the order dated 12.12.2014 passed by this Court, whereby the Writ Petition filed by the petitioner was dismissed.

(2.) THE grievance raised by the petitioner in the instant application is that when the Writ Petition was listed on 12.12.2014, gross misrepresentation was made by the respondents by stating that the petitioner stood relieved on 8.12.2014 and also that a reliever had already joined in his place at Base Hospital, ITBP on 11.12.2014. It is the case of the petitioner that he was not relieved on 8.12.2014 and accordingly, he wrote a letter dated 12.12.2014 to the IG, Headquarters (IGHQ) intimating him about the stand taken by the Commandant before this Court. In reply to this communication, the IGHQ informed the petitioner that he could not have been relieved prior to 12.12.2014 as the DG, ITBP had issued an order only on 12.12.2014 confirming the fact that the transfer order of the petitioner will stand. The petitioner has taken a stand that the Commandant had no power to relieve the petitioner in absence of an order from the DG, ITBP and owing to this reason, no order was personally served upon him relieving him prior to 12.12.2014.

(3.) THE petitioner has refuted the stand taken by the respondents in his rejoinder, wherein he has referred to a Memorandum dated 12.12.2014 issued by the IG, ITBP to the Commandant, Base Hospital seeking explanation from him for relieving the petitioner on 8.12.2014 in defiance of the advice of the Competent Authority. The petitioner contends that the relieving/movement order was never received by him and the averment of the respondents that the petitioner had refused to receive the same is grossly wrong as the same was never served upon him and the signatures of the dispatcher and other personnel, obtained on the Receipt Register of the Base Hospital were not done in his presence or with his knowledge. The petitioner also took a stand that Dr. Harvinder Singh was not his reliever and his vacancy at the Base Hospital, ITBP still subsists even after Dr. Harvinder Singh having joined the Hospital.