GURDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was detailed for Orientation Course but subsequently he was withdrawn. There was also another person, who was Mr. Jagdev Singh Langhe, similarly situated like the petitioner. The petitioner's case was withdrawn on the ground that he did not possess requisite experience and the Part II Orders, Annexures P-1 and P-2, were withdrawn by the Army Headquarters on the 23rd of March, 1990. It is not stated in the counter-affidavit by the respondents that as and when this order dated 23.3.1990 was served on the petitioner.

(2.) The case of the petitioner is that no such order was ever served on the petitioner. Mr. Jagdev Singh Langhe approached the Bombay High Court and a Division Bench of the Bombay High Court in CWP 749/92 by order dated 4.3.1993 allowed the writ petition and issued the following directions:

(3.) The learned Counsel for the petitioner, Mr. R.S. Randhawa submitted that the petitioner was given no opportunity of challenging the order dated 23.3.1990 and when it was passed in violation of the principles of natural justice, it is a nullity in law and that cannot be put against the petitioner. According to Mr. R.S. randhawa, the learned Counsel for the petitioner, assuming what is stated in Part-11 Orders, Annexures P-1 & P-2, is incorrect, the petitioner had actual working experience which cannot be disputed by the respondents.