N K MUROATE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition has sought the quashing of order annexure P-13 dated December 27,1991 passed by respondent No.2 by which penalty of reimbursement of pay and allowance for a period often months was imposed upon the petitioner due to the alleged server default during study leave. In addition orders annexures P-19 and P-21 and dated 21.4.1993 and 24.8.1994 dismissing statutory complaint and mercy petition are also under challenge.

(2.) Petitioner while posted at Dehradun made an application for grant of two years study leave for pursuing Post-graduate course in Psychology (Behavioural Science) at D.A.V College, Dehradun. Study leave was granted from October 29,1989 to Septemr 30,1991 under the provisions of Army Instruction No.42/82 and 16/92 and Army Order No. 11/97 through Army Headquarter's letters dated march29,1989 and October 1,1989. It is the petitioner's case that after getting his study leave sanctioned he joined DAV College. Dehradun and had been submitting six monthly feed-back to the concerned authority in the'prescribed proforma, as required under the Rules. For post-graduate course in behavioural Science it was mandatory to pursue a Bridge course for those students who had completed their graduation in two years prior to 1989, as per the regulations of Hem Vati Nandan Bahaguna, (Garhwal) University, Since the petitioner had also completed his graduation in two years prior to 1989, he was also required to clear the mandatory Bridge course for pursuing further studies in Behavioural Science. Petitioner attended the classes regularly with 100% attendance. Having worked hard the petitioner topped the University in Bridge course securing 82% marks. The study leave granted to the petitioner, thus, exhausted in clearing the first year of bahevioural Course. Petitioner accordingly submitted an application on June 25,1991 to respondent No.2 intimating the said fact and mentioning therein that admission in M.A. would take place in first week of August 1991 and examination would be conducted in April 1992. Petitioner also stated that he could not avail annual leave for 1989, therefore, in terms of para 2(d) of Army Order 11/87, annual leave with effect from October 01, 1991 to November 29, 1991 be granted to him to enable him to attend regular classes and secure a minimum of 60% attendance. He also stated that he would be in a position to complete the course in the subsequent year because the College was closed for 20 days due to winter vacations in December 1991 and for preparation of study with effect from March for the ensuing examinations to be held in April, 1992. He stated that during the said current year examinations were postponed due to elections.

(3.) On receipt of the above application respondent No.2 raised an objection that the petitioner was granted 23 months study leave to pursue a course of Behavioural Science, but he has appeared in Bridge Course in 1990, which implied that the petitioner did not join M.A. Psychology for which study leave had been obtained, the petitioner was required to explain the reason that why he did not commence his study in M.A. Psychology for which study leave had been granted and why the petitioner did not inform about attending the Bridge course.