S K CHATERJI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner Major S.K. Chaterji has prayed for the following reliefs:

(2.) THE facts necessary to be noticed, for the disposal of this writ petition briefly stated are: that the petitioner was given a Commission in the Army as 2nd Lueutenant on 30.6.1963 and in due course, he was promoted to the ranks of Lieutenant, Captain, Major and Lieutenant Colonel. He was promoted as a selection grade acting Lt.Col. in October, 1980 and during his service, he has held two prized Instructional Appointments' and has also Commanded a Signal Regiment as Commanding Officer (Lt.Co.) successfully.

(3.) IT is alleged that the same superior Officer and adversary of the petitioner, in collusion with some others, got a case No. RC 2/85 registered under Section 161 IPC read with Section 5(2) and Section 5(1)(d) of the Prevention of Corruption Act with the C.B.I., Jaipur against the petitioner, out of pure malice. After thorough investigations, the CBI found no substance in the FIR lodged against the petitioner and absolved him in case No. RC 2/85 vide discharge Order Ex.P.1 dated 28.8.1986.