RANJANA ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed on behalf of the wife of Capt. Anand Kumar for a writ of habeas corpus or any other appropriate writ, calling upon the respondents to set her husband at liberty, who has been detained in custody since the morning of 10th August, 2000 under the orders of Col. H.C. Chawla, Commanding Officer, 23 Inf. Division, Ordinance Unit, Namkum, Ranchi.

(2.) IN brief, the facts of the case is that Capt. Anand Kumar is posted at 23 Inf. Division Ordnance Unit (DOU) under the command of Col. H.C. Chawla since January, 1998. It is stated that Capt. Anand Kumar while posted at this unit had informed the Commanding Officer about certain unauthorised and accounted ammunitions kept in the Army Command. Since there was no response by the Commanding Officer, he, therefore, wrote a letter to the General Officer, Commanding (respondent no. 2) for necessary action. It is alleged since the above steps of Anand Kumar were not liked by the Commanding Officer, he was removed from the Administrative Command of the Ammunitions Technical Services Wing by the Order dated 2.4.1998 and was also made a victim of false and concocted enquiry. The matter was brought to this Court vide C.W.J.C. No. 3118 of 1999 (R), which was ultimately disposed of on 4.11.1999, directing the husband of the petitioner to file representation before respondent no. 2, but that was however, rejected on 3.1.2000 and Capt. Anand was sentenced with forfeiture of his promotion for two years and against the said order the appeal filed by him is still pending.

(3.) IT is further alleged that on 21.7.2000 the husband of the petitioner was transferred to Assam Regiment in Dipatoli, Ranchi under the orders of respondent no. 3, where he reported for duties, but instead of allowing him to join respondent no. 3 abused and asked him to go out of the Unit. Ultimately when the husband of the petitioner reported the matter to the Army Command, he was allowed to join.