DEVENDRA KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. H. Gupta, learned counsel for the petitioner as well as Mr. D. Choudhury, learned counsel appearing for the respondents.

(2.) The petitioner is aggrieved by Annexure-II letter dated 08.05.2006 by which his earlier posting in Bhutan entitling him Bhutan Compensatory Allowance (BCA) was cancelled. The said earlier order is dated 05.04.2006 (Annexure-I) by which the petitioner allowing with some others had been posted in Bhutan. Be it stated here that on such posting, the personnel are entitled to BCA which is a substantial amount. For this reason the personnel serving in para-military forces desire for posting in Bhutan.

(3.) According to the petitioner, cancellation of his posting to Bhutan by the aforesaid impugned Annexure-II order dated 08.05.06 was without any valid reason, but to accommodate some other. His time to time representations to furnish reasons for cancellation of his posting was not responded to. Finally by Annexure-IX/A order dated 18.08.06, he was furnished with the reason for cancellation which is his purported involvement in a case of malpractice regarding attempt to arrange his posting in Bhutan through bribe. Be it stated here that no such reason was furnished while cancelling his posting to Bhutan in the aforesaid impugned order dated 08.05.06 and he was also not given any opportunity of being heard.