LT COL SANJAY SITANSHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this petition filed under Article 226 of the Constitution prays for quashing of his transfer and posting order dated 20.1.2006 passed by the Military Secretaries Branch (MS-16), Army Headquarters, DHQ PO, New Delhi. It is appropriate to mention here that the petitioner was sought to be transferred from Ambala to Kota vice Major Jasmeet Singh, who was to proceed on some course. However, while he was in the process of joining, he was diverted to 509 Army base Wksp, Agra vide order dated 20.1.2006 (Annexure P-8), which is the subject matter of challenge in the instant writ petition.

(2.) The petitioner has claimed that he has been acting as a prosecutor in the general court martial of Col. Anil Sehgal emanating from sting operation carried out by Tehelka expose. He has alleged that Mr. Sehgal was convicted and sentenced to four years rigorous imprisonment. The petitioner has made vague allegations of mala fide in diverting his posting from Kota to Agra by asserting that there is a hidden hand and at the instance of extraneous interference by some officer under the influence of accused in Tehelka case, his posting has been diverted from Kota to Agra. He has referred to some D.O. letter allegedly written by Brigadier to substantiate his plea. In that regard, an application was filed bearing C.M. No. 3987 of 2006, which was disposed of by the Division Bench on 9.3.2006 and the order reads as under:

(3.) When the matter came up for consideration before us on 17.8.2006, the petitioner placed on record a copy of the order showing that he has been asked to assume the appointment of Wksp Officer (Major) on 20.3.2006 and a copy of the letter dated 21.3.2006 was taken on record as Mark "A". On account of the fact that the petitioner had been working as Lt. Col. and he could not be made to officiate as Major, we directed the respondents to produce the record for our perusal.