Y HAV HARI SHANKAR SINGH Vs. COMMANDING OFFICER

JUDGEMENT

(1.) THROUGH this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for a writ of certioraris or any other appropriate order for quashing the action of the respondent no.1 reverting him to the rank of a sepoy and to undergo 89 days R.I. He has also prayed for some consequential reliefs.

(2.) THE factual matrix from which this petition arises, in brief, is as under:

(3.) ADVERTING to the question of his attachment with another unit and also the order of CO of that unit for recording S of E, the contentions of the petitioner are devoid of merit. He was attached under the auth of AO 89/ 81 for finalising discp case against him. His reference to Regs para 381 is not applicable in the instant case. Once, an indl is attached to a particular unit, CO of that unit becomes his CO and he alone is competent to Order S of E which has been the case.