MAHARAJ BRELVI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the petitioner mainly challenges Ext. P5 order passed by the Government of India, Ministry of Finance, New Delhi, rejecting a statutory complaint filed under S.27 of the Army Act, 1950 (hereinafter referred to as the 'Act'). The said order was passed in pursuance of a direction issued by this court in Ext. P4 judgment in O.P. No. 2843 of 1995 dated 7-6-1995.

(2.) The petitioner, Lt. Col. Maharaj Brelvi, is a member of the Defence Force. While he was working at Station Workshop, E.M.E., Trivandrum, he was transferred to Saugar (Madhya Pradesh) vide Ext. P2 order issued by the Military Secretary, Army Headquarters, New Delhi, the second respondent herein. That order was challenged by the petitioner before this court in the above said writ petition. This court after considering the grounds raised by the petitioner directed the Government of India to consider the petitioner's complaint on merits and pass orders thereon within a period of one month. This court also directed the respondents to allow the petitioner to continue in Trivandrum till final orders are passed by the Government of India.

(3.) The main point canvassed by the counsel for the petitioner is that Ext. P5 order is vitiated for non application of mind by the first respondent. Counsel points out that no reasons are stated in Ext. P5 order for rejecting the complaint. In other words, the question is whether an order passed by the Union of India on a statutory complaint preferred by a member of the Defence Force under S.27 of the Act should disclose all the reasons for the conclusion thereof. What the Government of India said in Ext. P5 is this: