S.B. TARLOK CAPT. Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts disclosed in the writ petition reveal that the petitioner was granted shot service commission (after successful completion of training) on 22.8.1992 in the Electrical, Mechanical and Engineering (hereinafter referred to as 'the EME') Corps of the Indian Army. Soon after the induction of the petitioner into the service of the Indian Army, he was deputed to EME School, Baroda, to undergo a course (from 19.7.1993 to 10.10.1993). The petitioner was involved in an altercation at the Nutan Bharat Club on 6.10.1993, where he sustained serious head injuries. He was taken to Military Hospital, Baroda, where he was diagnosed as a case of "head injury with right sided hemiparesis and multiple injuries". Since the injuries suffered by the petitioner were serious, he was transferred to Command Hospital (Southern Command), Pune, on 11.10.1993, where he remained under treatment from 12.10.1993 to 18.2.1994.

(2.) With effect from 19.2.1994, the petitioner was attached to Station Head Quarters, Pune, and ultimately posted to AD Regiment on 19.3.1994 whereafter he received various postings in different Units. It is the case of the petitioner that he discharged his duties at each station of posting to the complete satisfaction of his superiors. It is also the case of the petitioner that when he became due for permanent commission, he was informed through a communication addressed by the Military Secretary's Branch dated 16.8.1999 that his name had been approved for the grant of permanent commission. The aforesaid commission (dated 16.8.1999) also informed the petitioner that he could not, however, be granted permanent commission as he had been placed in permanent low medical category S1H1AIP2(P)E1. The letter dated 16.8.1999 also recorded the following remarks :-

(3.) A detailed written statement has been filed on behalf of the respondents wherein one of the preliminary objections raised is that the instant writ petition was not maintainable in this Court on account of lack of jurisdiction. In order to press the aforesaid objection, it was asserted by the learned counsel for the respondents that the alleged inquiry which had resulted in placing the petitioner in a low medical category was suffered by the petitioner at Baroda. The court of inquiry to investigate the aforesaid injury was finalised at Baroda. The case of the petitioner for grant of permanent commission was considered and finalised at Delhi. The order that was passed on the statutory complaint filed by the petitioner was also issued by the competent authority which is stationed at Baroda. In view of the aforesaid preliminary objection, it is imperative for this Court first to determine whether the petitioner can seek the redressable of his grievance by filing the instant petition before this Court. It is, therefore, that I take upon myself the obligation to deal with the preliminary issue of jurisdiction.