LT COL ASHOK KUMAR Vs. NARESH CHANDRA

JUDGEMENT

(1.) THIS is the second time that the court had cautioned the Central Government particularly the Army Headquarters that the manner in which the representation is to be disposed of upon the grievance of an officer is objective; it is to be fortified with reasons on record. The petitioner had to come to the court for second time in writ petition no. 8545 of 1980; Lt. Gol. Ashok Kumar v. Union of India. The court interfered by reposing its faith that the representation filed by the petitioner must be decided by the authorities, who are otherwise obliged to decide the statutory and nonstatutory complaints. The statutory complaints are decided by the Central Government and non-statutory complaints are decided by the Chief of the Army Staff.

(2.) THE earlier complaint dated 19-4-1988 had received a cryptic disposal with the expression 'not accepted'. THE Division Bench in writ petition No 8545 of 1989 by its order dated April 7, 1989 expressed displeasure in the manner in which the complaint of Lt. Col. Ashok Kumar had been processed and considered, and finding that no reasoned order had been passed the court even went to the extent of observing :-

(3.) THESE are the aspects, otherwise on record which engaged the attention of this Court when the petitioner arguing in person, and Mr. N. B. Singh, Senior Standing Counsel, appearing on behalf of the two opposite parties were heard. The opposite parties as arrayed are (1) Mr. Naresh Chandra, Secretary, Ministry of Defence, Government of India, and (2) Brigadier P. K. Gupta (retired).