ATAL BIHARI ACHARYA Vs. SENIOR REGISTRAR AND OFFICER COMMANDING TROOPS MILITRY HOSPITAL SECUNDERABAD A P

JUDGEMENT

(1.) W.P.No.9189 of 2004 is filed to declare ihe action of the first respondent, (Senior Registrar & Officer Commanding Troops, Military Hospital, Secunderabad), in issuing charge sheet against the petitioner, under Section 69 of the Army Act 1950 read with Section 354 I.P.C., on the basis of the complaint dated 19.01.2004 filed by the third respondent (Mrs.Roshni, W/o. Craftsman V.K.Saroj), as without jurisdiction, mala fide, biased and in violation of Articles 14 and 16 of the Constitution of India.

(2.) The petitioner, by way of an interlocutory application in the said writ petition, had sought for a direction to the first respondent to stay all further proceedings pursuant to the complaint dated 19.01.2004 lodged by the third respondent, and the consequential charge sheet issued to him. This Court, by order in WPMP.No.1 1806 of 2004 in W.P.No.9189 of 2004 dated 18.5.2004, directed the respondents not to pass any final orders. Alleging violation of the order, in WPMP.No.11806 of 2004 in W.P.No.9189 of 2004 dated 18.05.2004, C.C.No.23 of 2005 was filed. Questioning the action of the first respondents in not permitting the petitioner to avail his entitlement to annual leave of 60 days, standing to his credit for the calendar year 2005, as being violative of his fundamental rights under Articles 14, 16 and 21 of the Constitution of India, W.P.No.20283 of 2005 was filed before this Court.

(3.) Since all the three cases, (W.P.No.9189 of 2004, C.C.No.23 of 2005 and W.P.No.20283 of 2005), relate to the same incident and are based on the action initiated against the petitioner, under Section 69 of the Army Act read with Section 354 I.P.C., they were heard together and are being disposed of by this common order.