COLONEL R S UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred from a judgment and order dated 4th August 1999/20th August 1999 dismissing the petitioner's writ application. The subject matter of challenge in the writ petition is the reversion of the petitioner from the Director General of Quality Assurance to the Army and the attachment of the petitioner to an Army Unit. Initially an interim order was granted. After the filing of affidavits the writ application was dismissed and the interim order vacated by the order under appeal. The learned Single Judge has gone into the matter elaborately. The question is whether the court should stay the operation of the order under appeal until the disposal of the appeal.

(2.) The petitioner joined the Army in September 1970. In May 1993 when the petitioner was a Lt. Colonel he was appointed as Quality Assurance Officer at the Senior Quality Assurance Establishment (SQAE) of the Directorate General of Quality Assurance (DGQA) under the Department of Defence Production and Supplies, Ministry of Defence. The petitioner was posted in 1996 in Ludhiana, in 1997 in New Delhi and since 27th April 1998 assumed command of the SQAE (G.S), Calcutta. In the meanwhile, the petitioner was promoted from the rank of Lt. Colonel to the rank of Colonel. According to the petitioner the reversion and attachment was communicated to the petitioner by the respondents in a Movement Order dated 12th February 1999. The movement order reads as follows:

(3.) The petitioner's basic argument is that as the petitioner was seconded to the DGQA, the provisions of Army Instruction 30/86 referred to the movement order did not apply to the petitioner. According to the petitioner, the petitioner's services with the Army were severed as soon as he was permanently seconded to the DGQA. As such, it is submitted, no action could be taken against the petitioner under the Army Act or Rules and that the petitioner could be proceeded against if at all, under the provisions the Central Civil Services Classifications and Control Appeal Rules, 1965.