B K GAWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed by Col. B.K. Gawari under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing order dated 30.12.1995, a copy of which is Annexure P-4, with the Writ Petition, whereby by invoking the provisions of Section 123 of the Army Act, the order of attachment of petitioner has been passed.

(2.) The case of petitioner, in brief, is that he had superannuated on 31.12.1995. He was served with order dated 30.12.1995, whereby by invoking the provisions of Section 123 of the Army Act, his attachment has been ordered.

(3.) The counsel for the petitioner has invited this Court's attention to Section 123(1) of the Army Act which reads as under:-