COLONEL JAGDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions viz. GW.E Nos. 3298 and 16828 of 1989 by the same petitioner are directed against what may be called the aftermath of Operation Blue Star. The petitioner challenges the court martial proceedings which resulted in an order of punishment as also the action of the respondents in not promoting him to the rank of Brigadier for which he had been declared suitable in the year 1983. Since C.WP. No. 16828 was filed later, the facts as stated therein may be briefly noticed.

(2.) The petitioner was commissioned in the Indian Army on June 12,1960, as a Second Lieutenant. He was decorated with 'Wound Medal' in the year 1965 and was declared fit for promotion to the rank of Lieutenant Colonel in the year 1975. He was actually promoted on September 29,1976. In January 1983, the petitioner was cleared for promotion to the rank of Colonel. He was actually promoted on January 8,1933. While he was posted as Colonel, vide letter dated October 20,1983 the petitioner was informed that he had been approved for promotion to the acting rank of Brigadier.

(3.) The petitioner was posted as Colonel/Deputy Commandant, Sikh Regimental Centre (hereinafter to be referred to as the Centre) in January, 1983. In June, 1984 the Indian Army had carried out the Operation Blue Star in Punjab. Certaia soldiers were upset. There was unrest On hearing about it, the petitioner and his Commandant (Brig. S.C.Puri) proceeded to the Centre. The soldiers fired at them. Brig. S.C.Puri and the petitioner received multiple bullet injuries. Brig. Puri died. The petitioner was admitted to the Military Hospital and placed on the 'dangerously ill' list He received injuries in the chest, shoulder, leg and lower back. The Prime Minister wrote a personal letter to the petitioner in September 1984 (Annexure P-2). The Prime Minister observed that "the Nation is proud of youngmen like you who faced the grave dangers so bravely. I hope and pray that God gives you strength and fortitude to bear the pain of the injuries you have sustained and that you recover speedily."