YASHWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a Civilian Servant serving the Army. It is not disputed that he is governed by the Classification, Control and Appeal Rules, 1965 (for brevity CCA Rules). There is an allegation against the petitioner that he collected Rs.6 lakhs during July, 2003 from outsiders promising recruitment to the post of GD (Soldier) at 1 EME Centre, Secunderabad. After issuing the necessary show cause notice, the impugned notice dated 03.11.2004 was issued by the third respondent directing the petitioner to assemble at 17:00 hours on 11.11.2004 for the Court of enquiry. The petitioner being aggrieved by the said notice approached this Court. Therefore, this writ petition is challenging the notice on the ground that the army Act is not applicable to the petitioner and that the CCA Rules are applicable to him.

(2.) The petitioner contended that since the petitioner is governed by CCA Rules, the enquiry has to be conducted by a Civilian Officer and not an Army Officer. Therefore, he requested to quash the notice, dated 03.11.2004.

(3.) Since the petitioner is governed by CCA Rules, the enquiry has to be conducted according to the procedure prescribed under those Rules. Since there is no reference in the impugned notice that the enquiry is being conducted under the CCA Rules and as the enquiry officer is said to be an officer of the Army, the impugned notice dated 03.11.2004 is quashed. The respondents are at liberty to proceed with the enquiry against the petitioner as per the procedure prescribed under the CCA Rules.