MAJOR MOHAN SINGH RAYTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Major Mohan Singh Rayta, who was posted to 795 ASC Bn. (Air Maintenance Unit) had refused to accept 2000 Kgs. of onions for the reason that'the offered onions did not conform to the laid down ASC specification No. 141. Thereafter, the Head Quarter 'N' Area convened a Court of Inquiry vide convening order No,3001/28/Q dated June 23, 1990. However, the Court of Inquiry was superseded being without jurisdiction and another one was ordered by Headquarter, 21 Sub Area, Pathankot, vide convening order No.5017/45/Q (Supply) dated 9.7.1990. The new Court of Inquiry assembled on 16.7.1990 in pursuance of order dated 9.7.1990 and the investigation commended with effect from 17.7.1990. After the conclusion of Court of Inquiry, the General Officer Commanding in Chief, Northern Command (hereafter referred to 'GOC-in-C') issued a notice on 23.4.1991 to the petitioner calling upon him to show cause as to why 'Severe Displeasure (Recordable)' (hereinafter referred to as 'Censure') be not awarded to him, copy of which is Annexure P-l to the writ petition. The petitioner submitted reply to the show cause notice, copy Appendix P-2 to the writ petition. Finding the reply unsatisfactory, the GOC-in-C awarded Censure to the petitioner vide order dated September 2, 1991, copy of which is Annexure P-3 to the writ petition. The said Censure was awarded to the petitioner for certain lapses committed by him and was operative for a period of three years and the same was to be taken into consideration while considering him for promotion. The petitioner has filed the present petition seeking quashing the order of Censure dated September 2, 1991, copy Annexure P-3 to the writ petition, on four counts:

(2.) Learned counsel for the petitioner has urged that the petitioner has filed a statutory complaint dated 18.12.1991, copy of which is Annexure P-5 to the writ petition but the same was rejected in a mechanical manner by passing a stereo type order. Learned counsel has also urged that during a period of three years, in which the Censure was to remain on record, the petitioner's batch (1975 batch) came up for consideration for promotion to the rank of Acting Lt. Col. by selection. The selection board met from 3.8.1993 to 13.8.1993 but after perusing the service record of the petitioner, particularly the Censure and adverse remarks in the ACR for the year 1990, the Board found him to be not in acceptable grade for promotion. In this manner, a great injustice has been caused to the petitioner.

(3.) On notice of motion having been issued, respondents have put in appearance and filed detailed written statement controverting the pleas of the petitioner.