UMASHANKAR NAGWANSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the writ petitioner. Also heard Ms. B. Sarma, learned CGC, appearing for the respondents.

(2.) Aggrieved by the initiation of disciplinary proceeding against the writ petitioner for wearing wrong "rank badge" while he was serving as Executive Engineer, Non-Functional Selection Grade (NFSG), the instant writ petition has been filed. During the pendency of this writ petition, the respondents have completed the disciplinary proceeding whereafter, the Under Secretary to the Government of India, Ministry of Defence had issued the order dtd. 13/04/2016 imposing the minor penalty of "Censure" upon the petitioner. The order dtd. 13/04/2016 had been brought on record by the writ petitioner by filing an additional affidavit.

(3.) The facts of the case, in a nutshell, are that the writ petitioner was originally appointed as Assistant Executive Engineer (Civil) under the Border Road Organisation (BRO). He was subsequently promoted to the higher ranks and at present, he is holding the post of Chief Engineer (Civil) under the BRO. While serving as Executive Engineer, NFSG, the petitioner, along with his two other colleagues, viz. Sri Sandeep Singh and Sri Sunil Chandra Srivastava, were found to be wearing the "rank badge" of Lt. Col. According to the respondents, the petitioner was not entitled to wear the "rank badge" of Lt. Col. and therefore, he had committed a misconduct, for which the petitioner was liable to be proceeded against. Consequently, a Memorandum of Charge dtd. 15/12/2009 was served upon the petitioner, calling upon him to submit his reply. The memorandum dtd. 15/12/2009 had contained the Article of Charge as Annexure-1.