BALDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this order, we are deciding the preliminary objection raised by the respondents to the maintainability of the petition before this Court. The petitioner has prayed for quashing of the proceedings of Summary Court Martial, finding and sentence imposed upon him. He has also prayed for award of damages to the tune of Rs. two lacs for his alleged illegal detention and confinement and also for restoration of all service benefits like pay, allowances, seniority and rank etc.

(2.) IN order to decide whether the preliminary objection raised by the respondents to the jurisdiction of this Court is sustainable or not, we may refer to some of the facts. The petitioner was enrolled in the Engineering Branch of Army on 1. 8. 1979. He was promoted as L. Naik on 26. 1. 1988 and then as Paid-Acting Naik w. e. f. 24. 6. 1989. On 20. 2. 1991, the petitioner was ordered to move to 702 Engineering Plan Unit on posting. He filed a representation against it but the same was turned down vide Annexure P-1 dated 16. 5. 1991 written by the Offg. OIc Records, Bombay, Engineer Group, Khadki, Pune. On 24. 4. 1992 the petitioner was ordered to move to 116 Engineering Regiment which was then located in North Sikkim. It appears that the petitioner did not join and, therefore, he was served with a charge sheet for three offences. He was also put under arrest on 30. 11. 1993. Summary Court Martial proceedings were held against him. At the conclusion of the proceedings of Summary Court Martial, the petitioner was sentenced to suffer rigorous imprisonment for two months vide Annexure P-3 dated 1. 3. 1994. Thereafter the petitioner was posted with 116 Engineering Regiment c/o 56 APO. The petitioner has challenged the impugned proceedings on the ground of violation of Army Act and the principles of natural justice. He has also levelled allegations of mala fides against the respondents and has pleaded that entire action was taken against him for alleged violation of a patently illegal order of transfer and, therefore, entire proceedings are liable to be quashed.

(3.) TO meet the preliminary objection raised by the respondents, the petitioner has stated in his replication that 116 Engineering Regiment in which the petitioner has now been posted is located at Zirakpur which falls within the territorial jurisdiction of the Punjab and Haryana High Court and, therefore, the writ petition is maintainable.