BRIGADIER J K BANSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was commissioned in Army Medical Corps as an Army Doctor on 31st August, 1975. Because of his dedicated performance, he was promoted to the rank of Brigadier. For his distinguished service of a high order, the petitioner was awarded Visishta Seva Medal. On 3rd September, 2003, the Director, Institute of Nuclear Medicines and Allied Sciences (INMAS) under the authority of Head Quarter, Western Command, had issued an order attaching the petitioner with Head Quarter Technical Croup EME, Delhi Cantt. This was done pursuant to a complaint filed by one civilian Trilok Chand wherein it was alleged that the petitioner got admitted his daughter in Netaji Subhash Institute of Technology on the basis of false certificate about his disability under Defence Quota rules of Delhi University. Correctness of this order was challenged by the petitioner by filing a civil writ bearing No.WP(C) No. 6131/2003 titled as 'Brigadier J.K. Bansal Vs. Union of India and Others', which was allowed vide judgment dated 18th May, 2004 During the pendency of the aforesaid writ petition, summery of evidence had been concluded and on 15th March, 2004, the respondents had sought time to look into the matter to consider the desirability of framing of charges. Time was allowed but during that period itself, General Court Martial Proceedings in relation to said article of charges were ordered by the respondents. These actions of the respondents were considered by the Court as not fair and the Division Bench of this Court while quashing the order dated 3rd September, 2003, had also quashed the General Court Martial Proceedings initiated on the basis of articles of charges relating to the judgment and also directed the respondents to declassify the result of the petitioner for promotion of the petitioner in relation to promotion board held on 4th June, 2003 within one week from the date of pronouncement of the judgment. The Court also imposed a cost of Rs.50,000/-. The charges, which were framed against the petitioner and for which the Court was ordered to be convened were as under :-

(2.) Obviously, the said article of charges and the proceedings taken in furtherance thereto stood finally concluded by the judgment of the Division Bench of this Court passed in WP(C) NO. 6131/2003 dated 18th May, 2004 The respondents had in fact approached the Supreme Court against that judgment, which was dismissed by the Supreme Court vide order dated 30th March, 2005. Vide order dated 18th June, 2004, the respondents had ordered a Court of Inquiry against the petitioner as well as the General Court of Inquiry in certain aspects. The convening order reads as under :-

(3.) In the meanwhile, the petitioner was promoted to the rank of Major General in his corps. According to the petitioner, the earlier Court of Enquiry related to injury of brain concussion suffered by the petitioner in Operation Blue Star in Punjab in the year 1984 and a spinal injury in the year 1989. The present proceedings initiated by the respondents relate to the same incidents and have been initiated by the respondents out of malice, bias and arbitrariness. The petitioner had also prayed for an interim stay from commencement and continuation of present proceedings initiated in furtherance to order dated 18th June, 2004, which was granted by the Court vide its order dated 9th July, 2004 The stay continues to operate.