MAJOR ANAND KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against the order dated 14th October, 2002 (Annexure 13) and the letter dated 24th October, 2002 (Annexure 16), whereby and whereunder, disciplinary proceeding has been initiated against him and he has been asked to attend the proceeding for hearing.

(2.) THE case of the petitioner is that he was posted in 23rd Div. Ord. Unit at Ranchi since January, 1998, under the command of Colonel H.C. Chawla. In February, 1998, he found huge quantity of unauthorized ammunitions and explosives kept in the Unit and a Sepoy of the unit was caught with live hand - grenade while proceeding on leave. The matter was reported to C.O., Col. H.C. Chawla and then to the G.O.C., H.Q., 23rd, Inf. Div. and a Court of enquiry was carried out, but it was closed.

(3.) RELIANCE was placed on Supreme Courts decision in Union of India v. S.K. Sharma, reported in AIR 1987 SC 1878.