V P SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition raises short but interesting question of law. Petitioners were selected as Associate N.C.C. Officers and were doing the course at Offices Training School, Kamptee, Nagpur, Maharashtra. In the midst of session, the petitioners got movement orders in the form of "return to their unit" and were not allowed to complete the course. The reason was their acts of indiscipline in the Mess. The question to be determined is as to whether Principles of Natural Justice before taking the action were attracted? If so, to what extent and whether the respondents have violated the Principles of Natural Justice thereby rendering the impugned action illegal?

(2.) The facts which encompass the controversy are brief and largely undisputed. Let these be recapitulated first.

(3.) Petitioners are School Teachers, teaching in different Government runs schools in different parts of country. Respondent No. 2 is the Director General, Directorate of N.C.C. Government of India. It is governed by National Cadet Corps Act, 1948. This Act was enacted to provide for the Constitution of a National Cadet Corps (hereinafter to be called as "N.C.C." for short). Section 3 provides for the Constitution of N.C.C. and stipulates that there shall be raised and maintained in the manner hereinafter provided a Corps to be designated the N.C.C.. Section-6 provides for Enrolment of students as Cadets. Section-9 which is relevant for the present case provides for Appointment of Officers and reads as under: