J K OJHA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER seeks in the instant writ petition quashment of the decision to initiate disciplinary action and to quash the order dated 11th December, 2000 to restrain respondents from proceeding in the matter and for other just reliefs.

(2.) PETITIONER was posted as Commanding Officer of 342 Coy ASC (Supply) Type B. He was thereafter posted as Commanding Officer 890, Animal Transport Battalion. He handed over the charge to his successor on 25th November, 1997. The concession voucher book containing 100 pages was missing. Court of Enquiry was conducted against Rajdeep Thapa. Petitioner was called for deposing before the Court of Enquiry as a witness. In the Court of Enquiry, the competent authority found that the book was not handed over to Rajdeep Thapa while handing over the charge and an administrative enquiry was directed into the matter pertaining to the question of failure of the petitioner to report the loss of concession voucher book to the superior authority. Show cause notice was issued to the petitioner on 19th December, 1999. The petitioner filed a reply Annexure P-6. Thereafter on 17th June, 2000. an order of censure was passed for not informing the superior authority regarding loss of concession voucher book.

(3.) SUBSEQUENTLY, a decision was taken to institute departmental enquiry by the Addl. Director General, Discipline and Vigilance Adjutant General's Branch Army Headquarters, New Delhi in reference to Northern Command Headquarters letter dated 27th November, 2000. The attachment of the petitioner was ordered to 195 Field Regiment till the finalisation of disciplinary case against him. Petitioner challenges the order of attachment and institution of departmental enquiry which is in progress and most of the evidence has already been recorded as it was not stayed during pendency of the present writ petition which was filed on 7-2-2001.