NARINDER SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) During the course of arguments, the learned standing counsel for Union of India has brought to my notice that this petition is incompetent for want of challenging the order passed by the Chief of the Army Staff which order dated June 23, 1988 was passed on the statutory representation filed by the petitioner under Defence Service Regulation 361. There is considerable force in the aforesaid contention of learned counsel. Faced with this situation, the learned counsel for the petitioner has prayed that inasmuch as it is only a technical objection raised by the other side, the petitioner should be permitted to amend the claim by specifically challenging the order reference of which has been given above. Although the prayer made during the course of arguments to amend the petition is somewhat belated yet in order to effectually determine the controversy between the parties, it would be necessary to permit the petitioner to make necessary amendment. As has been referred above, objection was taken during the course of arguments when the counsel for the petitioner had concluded his arguments. The case, on merits, appear prima facie to be one which needed some relief to the petitioner. Inasmuch as the counsel for the Union of India has not concluded his arguments, I am not expressing any final view in the matter but view is made only on the submissions of counsel for the petitioner. In the facts and circumstances fully detailed above, the oral request of counsel for the petitioner to amend the petition and to challenge the order aforesaid is allowed. Let the amended petition incorporating challenge to the order dated 23.6.1988 be filed on or before 12.8.1991 with an adverse copy to the counsel for Union of India. Reply of the amended petition be filed on or before 6.9,1991 and the case would come up for arguments on Sept. 27,1991. Petition allowed.