K S CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 26.12.1995 passed by the fourth respondent imposing severe displeasure and the order passed by the Government of India dated 20.6.1996 confirming the same. The petitioner was working as Colonel in the Indian Army. The petitioner was also selected for promotion to the acting rank of Brigadier. But by his acting of indiscretion in violating the terms of the Army Officers Housing Organisation, he had deprived himself of his promotion.

(2.) The short facts culminating in the filing of the writ petition could be stated in the following terms : The petitioner was allotted a flat on the 2nd of March, 1989 in NOIDA by the Army Welfare Housing Organisation. On the 6th of June, 1989, the petitioner entered into an agreement to sell with power of attorney and a 'Will' with ex-Wing Commander K.P. Dwivedi. This was in violation of the terms and conditions of the Rules and Regulations of the Army Welfare Housing Organisation.

(3.) In the year 1992, a Court of Inquiry was ordered. In June, 1992, the Court of Inquiry gave the following opinion: "On thorough examination and in depth study of the proceedings, the Court is of the opinion: