V S CHHAUKER Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed against the impugned order dated 9.5.2002, Annexure 2 to the petition and for a mandamus directing the respondents to promote the petitioner to the rank, of Colonel and to set aside from the petitioner's dossier his complete ACR for the period 1.6.98 to 31 May, 99.

(2.) Heard learned counsel for the parties.

(3.) It is alleged in para 7 of the writ petition that in June 98, during the absence of the Commanding Officer respondent no. 5, the petitioner while officiating as CO noticed that approximately Rs. 2 lacs unaccounted cash was lying with the Subedar Major. The petitioner apprised about it to the CO as soon as he returned from leave. The CO did not take kindly to this saying that it was already in his knowledge and threatened to spoil the petitioner's ACR if he raked up the matter. Thereafter the CO became vindictive towards the petitioner and started harassing him including social boycott of the petitioner's family. The petitioner then sought an interview with the Brigade Commander. The correspondence exchanged between the Brigade Commander, the CO and the petitioner on this issue between 18.11.98 to 1.4.99 is attached as Appendices A to O of the petitioner's statutory complaint enclosed as Annexure 1. In para 9 of the petition it is alleged that the petitioner was granted interview by the Brigade Commander on 2.12.98, during which he apprised the latter about the unaccounted funds saying that without a Court of Inquiry the extent and responsibility for the unaccounted funds could not be pinpointed. The Brigade Commander asked the petitioner to put up the complaint in writing. This further infuriated the CO, who again threatened to spoil the petitioner's ACR if he did not withdraw the complaint. It is alleged that later the respondent no. 4 pressurised the petitioner into withdrawing the complaint and gave an assurance that the petitioner would not be harmed.