SUBODH SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 1-10-2003 by which a punishment of loss of seniority of one year in the rank has been imposed upon the petitioner. The petitioner has also challenged order dated 27-9-2004 by which his review petition has been rejected.

(2.) THE brief facts leading to the filing of the petition are that the petitioner who, at the relevant time, was posted as a Major at Sagar in 36 Infantry division Ordinance Unit and was officiating as the Second-in-Command, submitted a complaint to his higher authorities on 30-3-2001 bringing to their notice several irregularities and illegalities committed by his Commanding officer and one Major R. S. Dudee. On receiving no response thereon he filed another statutory compliant under Section 27 of the Army Act, 1950 again bringing to the notice of the higher authorities the illegalities committed by his commanding Officer Col. Devinder Yadav and Major R. S. Dudee. On 23-5-2001 the petitioner was called for a personal interview by the Divisional commander, respondent No. 4, however, it is alleged that when the petitioner attended the office of the Divisional Commander, he found his Commanding officer sitting there with him and, therefore, being disillusioned he again wrote a Demi Official letter to the Chief of Army Staff on 26-5-2001 bringing to his notice the illegalities and irregularities committed by Col. Devinder Yadav and major R. S. Dudee. He again sent the same complaint to the Chief of Army Staff on 7-9-2001.

(3.) IT is alleged that being aggrieved by the complaints made by the petitioner against him, his Commanding Officer issued as many as six show-cause notices to him with a view to harass and intimidate the petitioner. In addition, a tentative charge-sheet was issued to the petitioner on 9-10-2001 in which six charges were levelled against him by his Commanding Officer, Col. Devinder Yadav. Subsequently, the petitioner was attached to 77, Medium regiment and by withdrawing the previous charge-sheet a fresh charge-sheet levelling the same charges was again issued to him in May, 2002. During the intervening period another charge-sheet was issued to him on 24-3-2002 on a single charge of submitting a complaint directly to the General Officer commanding-in-Chief, Central Command, on 9-11-2001 in violation of paragraph 557 of the Regulations of the Army which requires that such complaints should be submitted through the proper channel only.