S K RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) On Aprial 9, 1959, the Central Govermment directed the removal from service of Captain S.K.. Rao under rule 14 of the Army Rules, 1954. A petition under article 226 of the Constitution was filed by Captain Rao for quashing the ord;r of his removal from servics on the ground that rule 14 is ultra vires the Army Act, 1953, and therefore, action taken thereunder is without the authority of law.

(2.) The petitioner was a commissioned officer in the Indian Army Ordnance Corps Training Centre, Secundarabad. It was alleged that on April 4,1958, the petitioner committed acts of gross-misconduct. The allegations aginst him were as follows :-

(3.) An enquiry into the matter was made by Court of Inquiry. The Chief of the Army Staff, after going through the proceedings of the Court of Inquiry, Considered that the conduct of Captain Rao was most unbecoming an officer and as he was of opinion that trial of the officer by a General Court Martial was inexpendient, he ordered administrative action to be taken under rule 14.B, menoranbun TBIB, 6914/88 No. 13802/15/ TB, dated September 4, 1958, the petitioner was called upon to submit his explanation and defence regarding the allegations aainst him. The explanation of the petitioner, on being submitted, was placed before teh Central Government, who found it unsatisfactory and an order (dated April 9, 1989) was passed removing the petitioner from service.