DR. MOHAMMAD ABDUL AZIZ Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution for issuing a writ of habeas corpus for the release of the petitioner as well as for a writ of certiorari to quash the orders contained in Annexures 2, 7 and 8.

(2.) The petitioner was commissioned as a commissioned officer on Dec. 11, 1962 in Food Inspection Organisation of Indian Amy. He was promoted to the rank of Lt. Col. (Selection Grade) and was holding the appointment of Commanding Officer, CFL Lucknow Cantt. The petitioner was born on April 1, 1939 and was due to retire on attaining the age of 55 years in the afternoon of March 31, 1994 in terms of Rule 16-A of the Army Rules, 1954. He was also served with a letter dated April 16, 1993 (Annexure-1) issued by the Army headquarters informing him about the said fact. The petitioner was moved to Jammu and kashmir area on temporary duty on Jan. 13, 1994. While the petitioner was away on duty in the said area, a staff court of enquiry was convened by the Army Headquarters, Bareilly by order dated Feb. 9, 1994 (Annexure 2). The terms of reference are as follows :

(3.) It was stated in the convening order dated Feb. 9, 1994 that the Court will give its findings, opinion and recommendations and pinpoint the responsibility for lapses and that 10 copies of court of enquiry proceedings (including the manuscript) duly competed in all respects will be submitted to this Head quarter by March, 5, 1994. It was also stated in the said order that Army Rule 180 will be complied with, if required.