EX LINK VISHAV PRIYA SINGH Vs. UOI

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:-

(2.) Some of the facts noted and as canvassed by the learned counsel for the petitioner are that the petitioner was enrolled in the Indian Army as a Sepoy on August 06, 1979. He was later transferred to 19 Mahar Regiment on April 02, 1985. It is the case of the petitioner, on September 25, 1987, he was promoted to the rank of Lance Naik. On March 26, 1990, the petitioner complained against the CO i.e the respondent No.5 to the Commander of his brigade. It is the case of the petitioner that on May 30, 1990, he was interviewed by the Commander where he highlighted two major grievances of his i.e, he was being denied leave by the CO and the CO was hell bent upon relinquishing the rank of the petitioner. The petitioner was sent for 15 days casual leave from June 01, 1990 to June 15, 1990. He was also informed that his other grievances shall also be looked into and the CO 17 Kumaon Regiment was detailed to conduct the investigation on the basis of the complaints made by the petitioner.

(3.) On July 15, 1990, the petitioner received a letter from the Brigade informing him that his additional points are still under investigation. On the same day, the Investigation Officer is changed from CO 17 Kumaon Regiment to CO 18 Punjab Regiment, who, according to the petitioner is the course mate of respondent No.5. On July 16, 1990 at 9.20 am Subedar Adjudant 18 Punjab Regiment carries the letter dated July 16, 1990 and directs the petitioner to report to the CO's Office at 12 pm, wearing the uniform of a Sepoy, despite the fact that the complaint of the petitioner that the CO of his Unit was hell bent upon relinquishing the petitioner's rank, was the subject matter of the investigation, to which the petitioner informed the Subedar Adjudant that since he is a Lance Naik, he cannot wear the uniform of a Sepoy and alternatively he may be allowed to appear in civil clothes. It is the case of the petitioner that once again at 12.25 pm, he was asked by the Subedar Major to report to the CO's office at 12.30 pm in a Sepoy's uniform and since it was already 12.30 pm, the petitioner informed that he cannot reach the office at 12.30 pm. At this, the petitioner was immediately put under close arrest.