JAGDISH KUMAR VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Jagdish Kumar Verma who was working as National Cadet Corps Officer was granted Commission in the Senior Division (Army/Naval Wing) by order, dated 29th April, 1965 (Annexure A) with effect from 30th December, 1963 and by order, dated 28th August, 1971 (Annexure L) he was decommissioned with effect from 19th August, 1971 and the period between 29th April, 1965 to 18th August, 1971 was also ordered not to be counted for the purposes of seniority or promotion or any other benefits in the National Cadet Corps. This order purports to have been made under Rule 28 (2) (f) of the National Cadet Corps Rules, 1948 (hereinafter called the Rules). The petitioner has challenged this order, Annexure L, and has prayed for quashing the same.

(2.) From his last posting at Rampur Bushahr, vide order, Annexure R, dated 28 -11 -1970, he was transferred to the Government College of Education, Solan. According to the petitioner he being the Senior Officer was to take the commission and charge of N. C. C. Coy. Government College of Education, Solan, but that was not given to him as respondent No. 4, Shri B. P. Gupta, was already working there and he was being favoured by the authority. He approached the Principal of the College through Major D. C. Katoch, Administrative Officer to hand over the charge to him but it appeared that nothing was done. According to the petitioner, the Education Department was insisting that the petitioner should work under Shri B. P. Gupta, respondent No. 4, who was junior to the petitioner and he had not been granted commission in the senior division National Cadet Corps. Thereafter he made a representation to respondent No. 2 on 11th August, 1971, but the same was also not decided. However, the petitioner was sent the communication, Annexure L, dated 28 -8 -1971, whereby he was ordered to relinquish his Commission from the N. C. C.

(3.) The petitioner attacks this order on the ground that his services in view of the provisions of Rule 28 (2) could be discharged only according to the requirements mentioned therein. But the case is not covered by any of these conditions and as such the order is without jurisdiction. Further that the order is not a speaking order. He also complained of discrimination inasmuch as his junior Shri B. P. Gupta was retained in the Government College of Education, Solan, and he further contended that this order was mala fide. The order is not an order simpliciter of discharge but it is an order which has been passed as a matter of punishment.