J Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment disposes of all the three writ applications mentioned above. The writ petitioner, a Junior Warrant Officer, on being posted out from No. 2 Wing Air Force, Pune on 14.10.96 joined No. 4 Bengal/(Tech.) Air Squadron NCC, Jadavpur University Campus, Calcutta as a ground trainee instructor leaving his wife and child at Pune in a service marriage quarter (for short SMQ). At Jadavpur he took possession of one SMQ from JWO Chauhan who vacated the same and handed over the key of the quarter to the writ petitioner. According to the writ petitioner, his allotment of quarter was acknowledged by the commanding Officer of his Unit by an endorsement on an application written by the petitioner to the school authority for admission of his child. Whether such acknowledgement by the Commanding Officer amounts to regularisation of allotment or not has been seriously disputed by the respondents, according to whom the possession was taken by the writ petitioner without any formal prayer and without any order of allotment. The family of the petitioner was brought on 5.1.97 to the said quarter from Pune. Subsequently, the writ petitioner prayed for regularisation of the allotment but he was directed to vacate the same, the order was, however, not complied with by the writ petitioner. The Air Force Authority again by an order dated 23.12.96 directed the petitioner to vacate the accommodation so that the dilapidated quarter could be repaired. The petitioner having not complied with the order was served with show-cause notice dated 20.1.97 which was replied by the writ petitioner stating that he was permitted by the Commanding Officer himself. Thereafter several communications followed, ultimately an informal enquiry was initiated by the Group Commander, NCC JPHQ Quarter 'B' and the report was submitted to Brigadier R.K. Singh, BSM Dy. Director General, NCC on 11.3.97. On 17.4.97 the said Dy. Director approached the respondent herein to initiate disciplinary action against the writ petitioner and the Court of enquiry was held on 17.4.97. On 28.4.98 the writ petitioner was transferred from first 4 Bengal/(Tech.) Air Sqn. NCC to 6 wing Air Force, Barrackpore with immediate effect and movement order was issued on 12th June, 1998 directing him to report by 13.6.98 but the writ petitioner failed to report and as such he was declared absent without leave.

(2.) On 19.6.98 the writ petitioner moved the first writ application being W.P.No. 11313(W)/98 praying for various reliefs in the form of regularisation of stay of his family in the JCO quarter No. 2 at Jadavpur, for setting aside the Annual Confidential Report initiated by the Commanding Officer, respondent No. 5 and other reliefs.

(3.) He was apprehended by provost and security of Unit Air Force on 27.6.98 and was brought to 6 Wing Air Force Barrackpore. The matter was reported to the Commanding-in-Chief, Eastern Air Command. Disciplinary action was taken and the General Court Martial assembly was convened. The writ Court by its order dated 4.1.99 directed the respondent to produce records reiterating the earlier orders. The respondent filed affidavit-in-opposition informing that the authorities had already initiated disciplinary action against the petitioner for violating the order of respondents and General Court Martial had been convened for trial of the writ petitioner on the basis of charge-sheet.