LT COL DIPANKAR BHATTACHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against an order being No. G.M. (P & A)/3622, dated September 30, 1983 passed by the General Manager (P & A), Indian Iron & Steel Co. Ltd., respondent No, 4 herein, terminating the service of the petitioner. The said order of termination as contained in Annexure I to the writ application reads thus:

(2.) The facts of the case in brief may be stated as follows: The petitioner joined the Joint Services Wing as cadet in January, 1950. Thereafter, the petitioner in the month of January 1952 joined the Indian Military Academy as a Gentleman Cadet and on the 13th December, 1953 the petitioner was again commissioned as an officer in the Indian Army as 2nd Lieutenant. On 13th December, 1953 the petitioner was promoted to the post of Captain. Prior to the said promotion the petitioner since the year 1956 held the acting rank of Captain. Since 1962 the petitioner held the acting rank of Major and was subsequently promoted as Major on the 13th December, 1960. On the 13th December, 1978 the petitioner was promoted as Lt. Colonel. In the Army the petitioner held various responsible posts and also rendered the service with distinction and ability. Consequent upon the selection of the petitioner to the post of Deputy Chief Security Officer in the respondent company which by reason of instrumentality, agency and control comes within the reach, sweep and ambit of Article 12 of the Constitution of India the petitioner took premature retirement from the Army on March 31, 1982 although the petitioner had services still left. The copy of the letter of appointment is contained in annexure 'D' to the writ application. The relevant provisions of the Personnel Policy Circular No. 92, dated 14.9.81 as contained in Annexure 'E' to the writ petition are contained in paragraphs 4.1 (b), 5, 2, 6, 4 and 7.3 of the said Annexure. The said paragraphs for the sake of convenience are quoted below: -

(3.) The petitioner asserted specific charges of mala fide against Major P.J.B. Rana, Additional Chief Security Officer, respondent No. 6 to the writ application. There was no affidavit-in-opposition filed on behalf of respondent No. 6; as a result the said allegations made by the petitioner against respondent No. 6 remain unchanged and uncontroverted.