R K SOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) It is a petition under Article 226 of the Constitution of India challenging an order of transfer and also urging for an appropriate-writ directing investigation by any independent agency into the allegations made by the petitioner.

(2.) The fact of the case is short but not very simple. The petitioner is a defence personnel with the rank of Lt. Colonel. He is posted as Commandant in 17 Assam Rifles located at Pegong within North Sikkim with the charge of Second-in-Command and Drawing and Disbursing Officer. He is so since 15.2.1995. The respondent Nos. 3 and 4 are one and the same. He is the Commandant of 17 Assam Rifles. The respondent No. 2 is in overall charge of the Assam Rifles as its Director General. The Commandant (respondent No. 4) left the station on temporary duty to Shillong and the petitioner had to take over charge from him of the office of Commandant with effect from 18.3.1996 (forenoon). Respondent No. 4 returned from such temporary duty in the afternoon of 30.3.1996 and took over charge of the Commandant from the petitioner.

(3.) Under the petitioner or the respondent No. 4 were the respondent Nos. 7 and 8. They were of the ranks of Assistant Commandant and Sub. Major respectively. Respondent No. 7 was holding the post of Engineer Officer and Quarter Master at Pegong while respondent No. 8 was to handle cash and to deal with government treasury at the same station. Respondent No. 8 proceeded on leave with effect from 23.3.1996 and during his period of leave respondent No. 9 took over charge- of the office and duties of respondent No. 8, and the responsibility of cash etc., kept in the Regimental Treasury Chest, fell on the respondent No. 9. Formal handing over of charge between respondent Nos. 8 and 9 took place on 23.3.1996. At that time both these respondents reported to the petitioner that the cash in the treasury: chest was verified and found correct. In the charge report there was no indication of any unaccounted for amount lying in the chest.