V.K. ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE background to the present order by this Court is set out in the order dated 20th February 2009 passed by the Full Bench which reads as under:

(2.) THE submissions of Mr. Sandeep Sethi, learned Senior counsel for the Petitioner and Ms. Anjana Gosain, learned counsel for the Respondents have been heard.

(3.) THE Petitioner, a Brigadier in the Army, was in 1996 -97 commanding the 9th Artillery Brigade, which was under Headquarter (HQ) 11 Corps (the GOC of which is Respondent No.4). The HQ 11 Corps was under the HQ Western Command headed by its GOC (Respondent No.3). An anonymous complaint was received against the personnel of the 16 Field Regiment/45 Field Battery by Respondent No.4. This complaint was forwarded to the Petitioner for investigation through the HQ 9th Infantry Division the GOC of which is Respondent No.5 herein. By his report dated 5 th November 1997 the Petitioner recommended closure of the said complaint. Thereafter on 20th November 1997 the Petitioner relinquished command of the 9 th Artillery Brigade.