S K AGGARWAL Vs. UOI

JUDGEMENT

(1.) In this petition for a writ of certiorari, the petitioner calls in question the validity of a show cause notice dated 20th April, 2000 issued by the respondents under Section 19 of the Army Act, 1950 read with Rule 14 of the Army Rules, 1954 and an order dated 11th October, 2000, issued pursuant thereto terminating the services of the petitioner on the ground that his retention in military service was undesirable. A mandamus directing the respondents to restore the petitioner to the substantive rank of Brigadier with all consequential facts has also been prayed for.

(2.) The petitioner was commissioned in the Army Ordnance Core of the Indian Army in the year 1965. In due course, he rose to the rank of a substantive Brigadier and took charge of the post of Commandant, Central Ordnance Depot, Dehu Road in February, 1995. On the basis of a complaint made by three General Secretaries of Workers" Union of Central Ordnance Depot alleging pilferage of government stores from the said depot, a Court of inquiry was ordered which concluded its proceedings on 8th July, 1977. The said proceedings were then put up before the General Officer, Commanding- in- Chief, who by an order dated 29th August, 1997 directed disciplinary action to be taken against the petitioner and ten other Army officers including two civilians. Summary of evidence was pursuant to the said directions recorded against the officers concerned including the petitioner and submitted to the GOC-in-C, Southern Command for appropriate directions. In the case of other officers, the summary of evidence was put up before the GOC-in-C, Maharashtra and Gujarat area for appropriate orders and directions.

(3.) The GOC-in-C, Southern Command, appears to have sought legal advice from the Deputy JAG, Southern Command before taking a final decision as to the course of action to be followed against the petitioner. The Deputy JAG, Southern Command entrusted the matter to Deputy JAG, 12 Corps who advised administrative action against the petitioner for termination of his services under the provisions of Section 19 of the Army Act, 1950 read with Rule 14 of the Army Rules, 1954. In the case of Lt. Col. Sunil Issar, Major P.S. Rana, Major N.S. Nijjar and Captain R.K. Singh, the other officers involved in the racket, the advice tendered was that they be tried by a General Court Martial. The case of Major A.D. Swamy was recommended for disposal by a summary trial while the cases against the Lt. Col. Harpreet Singh and Lt. Col. Y.K. Gokhale were recommended for disposal by taking administrative action against them.