SUBEDAR DINA NATH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) PARITOSH K. Mukherjee, J. Sri Dina Nath Tewari, the petitioner, has challenged the order of termination, dated 14-3-1989, passed by General Officer Commanding, Eastern Command, Fort William, Calcutta-21, being Respondent No. 2, and, which is contained as Annexure S. A 1 to the Second Supplementary Affidavit.

(2.) SRI Ashok Khare for the petitioner and SRI Sisir Kumar, for the Union of India argued the case. According to SRI Khare, the impugned order of termination from service is in gross violation of Para 333 (c) (b) of the Army Regulations.

(3.) ON the other hand, Sri Sisir Kumar, appearing for the Union of India, contended that Para 333 (c) (b) forbids Court-Martial proceedings against the delinquent, but, there is no impediment for administrative action to terminate the services of the delinquent official. He next submitted that the proceedings before a court of law, under Section 125, Cr. P. C. cannot prohibit the Department to take action against the petitioner.