MAJOR CHARANJIT LAMBA Vs. COMMANDING OFFICER PUNE

JUDGEMENT

(1.) BY means of this petition preferred under Article 226 of the Constitution of India, the petitioner - Major C. J. Lamba - has impugned his dismissal order and prayed for some consequential reliefs.

(2.) THE factual matrix from which this petition arises, in brief, is as under :- The petitioner was posted under General Officer commanding-in-Chief, Southern Command, in Pune, in the years 1991-1992. He was occupying married accommodation at 12-B, kahun Road, Pune and was staying there with his wife and children. In the early part of 1992, he was transferred to a field area in Kashmir. Consequently, it became imperative for his family to shift to separated family quarters accommodation. On 9-7-1992 he applied for such accommodation and in due course was allotted the same. Till then his family continued staying at 12-B, Kahun Road, Pune. On 30-7-1992 the petitioner preferred a claim of Rs. 16,589-30 paise for shifting his baggage and car to chandigarh. The same was disallowed. In the mean time it transpired to the authorities that the petitioner had actually not shifted his baggage and car to Chandigarh and made a false claim. Consequently three courts of Inquiry were set up vide orders dated 15-6-1993, 23-12-1993 and 4-7-1994. This was because the first two were not held in accordance with law; the first as no evidence was called from Station Headquarters, Pune or CDA (0)/mes authorities and the second because though the Inquiry was completed but in the process of finalising the Report of the court of Inquiry, the finalising authority, i. e. General officer Commanding, HQ M and G Area found that the said Court of Inquiry had been constituted in violation of para 518 of dsr as one of the members was junior to the petitioner. It is common ground between the counsel for the parties that the third Court of Inquiry indicted the petitioner.

(3.) IT is in these circumstances that the petitioner has preferred the present petition under Article 226 of the constitution of India seeking reliefs referred to in para I of our judgment.