O P GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) S. Ranganathan, J.-The petitioner joined the Army as a Commissioned Officer in the Corps of Engineers. In November, 1982, he became an Acting Major and on 17.9.1983 he was posted as Deputy Commander Works Engineer (E & M) at Jalandhar Cantonment.

(2.) It appears that the petitioner had been complaining to the authorities from time to time about acts of corruption, malpractices and financial irregularities on the part of the officials of the Military Engineering Service at various places. There were also certain allegations against the petitioner. The competent authority, by an order dated 21st August, 1985 convened a Court of Inquiry to consider the petitioner's allegations against one Lachman Ram as well as a number of allegations against the petitioner. The Court of Inquiry conducted an enquiry and submitted its findings to the concerned authorities.

(3.) It is common ground that a decision was taken that disciplinary proceedings should be instituted departmentally against the petitioner. Army Instruction 106/60 provides that "officers against whom disciplinary action is contemplated may, where necessary, be attached to other units at the discretion of Army Headquarters, for the purpose of investigation and progress of the disciplinary cases". In the light of this rule , the G O C, Western Command issued on 13.1.1986, a Signal addressed, inter alia, to the Commanding Works Engineer, Jalandhar and the petitioner was relieved of his duties as acting Major on 14.1.1986. Since the proper interpretation of this signal has been the subject matter of debate before us, it will be useful to set it out here in extenso : "The Att Offer under Sia 106/60 (......) following Att ordered with immediate effect (...) firstly (...) Ic-32430 X Maj OP Gupta comma Dcwe E/M Jalandhar Att with Sup Dep Asc Jalandhar (....) Secondly (......) date of report new unit will be intimated to all concerned (...) Thirdly (...) regarding relinquishmant of acting rank Attention invited to SAI 1/s/64 (...) Fourthly (...) Ack (...) Indarmy (3) Dv-2 and Ms 1) only (...) all add'. The petitioner was given a movement order from CWE (Jallandhar) to ASC (Jallandhar) on 16.1.1986 on the basis of the above signal.