LT. COL. SULTAN SINGH RALHAN Vs. COMMANDANT

JUDGEMENT

(1.) The petitioner has impugned three adverse orders passed against him which have been placed on record which are cronologically Annexures P-14, P-7 and P-12 dated 26.3.1994, 14.9.1994 and 15.7.2005 respectively.

(2.) The petitioner is a Captain in the Indian Army. He was awarded the punishment of reprimand vide order dated 14.9.1994 passed at Lucknow for lack of exercise of proper supervision of the loading, lashing/security packing of a consignment of refined mustard oil in vehicle bearing registration No.UHG-9920 belonging to 44 COY ASC. The consignment was dispatched to Supply Depot, ASC Fatehgarh, Punjab. As a result of his omission to exercise proper supervision, the Government suffered a loss of Rs.20614.43. The Commander-in-Chief, Central Command confirmed the court of enquiry proceedings for the loss of 623 kgs. of refined mustard oil amounting to Rs.20614.43 in respect of Supply Depot, ASC, Fatehgarh, Punjab and ordered recovery of the amount vide his order dated 26.3.1994. This order was also passed at Lucknow (Uttar Pradesh). Against that order, the petitioner filed a statutory complaint under the Army Act, 1950 to the Government of India in the Ministry of Defence, New Delhi which vide order dated 15.7.2005 considered the materials on record of the Court of enquiry proceedings of the charge framed under Army Rule 22 and rejected the case expressing the view that no injustice has been caused to the complainant/appellant in the case. Thus, the statutory complaint dated 13.8.2000 was rejected at a stage when the petitioner had been promoted as Lieutenant Colonel. This order was passed at New Delhi against a cause of action which had arisen in Lucknow.

(3.) On notice of motion having been issued, the respondent army have resisted and filed the written statement contesting the case, in which, inter alia, an objection has been taken as to the maintainability of the writ petition before this Court for lack of territorial jurisdiction.