UNION OF INDIA Vs. PUSHPANDADAN NAIK

JUDGEMENT

(1.) THE respondent/writ -petitioner was visited with an order of punishment. Severe reprimand was administered to him. An order to this effect was passed on 12 -09 -1995. This punishment was awarded because the respondent/writ -petitioner was found guilty of dis -obeying the command given to him by his Superior Officer on 07 -09 -1995. He was also found using threatening language towards his officer. This incident is said to have taken place on 08 -09 -1995. The further fact is that the petitioner was promoted as Havaldar. This was w.e.f. 01 -09 -1995, HQ Signal No. C -2307 was issued on 24 -08 -1995. However, before a formal order of promotion can be issued the aforementioned punishment was awarded to him. His promotion was with -held.

(2.) THE respondent/writ -petitioner challenged this action of the appellant. The writ petition stands allowed. The Union of India has come in appeal. The writ -petition was allowed inter -alia on the grounds:

(3.) IN addition to the aforementioned reasoning, while allowing the writ -petition it was also observed that if promotion order was to be withheld then it was incumbent upon the authorities to comply with the procedure indicated in Rule 43 of the Border Security Force Rules. As no inquiry was conducted, the order with -holding the promotion was found to be bad. It is this order which is subject matter of challenge in this appeal.