CHANDRA PRAKASH DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri A. Mohendro, the learned counsel appearing for the petitioner and Shri S. Samarjeet, the learned CGC appearing for the respondent.

(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of certiorari or any other appropriate writ to quash the result/ report of the Service Review Board dated 31.10.2014 in respect of the petitioner and the order dated 18.11.2014 issued by the Maj, SO-2(Coord) for DGAR.

(3.) Facts and circumstances as narrated in the writ petition, are that the petitioner was initially appointed as Naik Writer on regular basis vide order dated 25.05.1985 and after having served in that capacity for many years, the petitioner was promoted upto the rank of Naik Subedar Clerk. The petitioner earned many meritorious rewards for dedication in service including a reward namely, Governor Gold Medal in January, 2012. After having served at different places and in the month of August, 2012, the petitioner was transferred and posted at 24th Assam Rifles. While he was being posted at 24th Assam Rifles, he was detailed for duty at A-Branch, the nature of which included maintaining the stationery and computer materials. As regards the purchase of stationery materials pursuant to the instruction of the higher officials, there was an allegation against the petitioner, on the basis of which the respondent No. 4 held an enquiry through Adjutant Major Aditya Vanka thereby issuing a show cause notice dated 11.2.2013 as to why a sum of Rs.70,147/- over and above the fund of M and E (T) was ordered without prior approval of the Commandant. The petitioner submitted his explanation dated 13.02.2013 which led the respondent No.4 to check all materials and thereafter, the petitioner went home on leave and from there, he submitted a representation dated 19.05.2013 to the respondent No. 2 requesting him for dropping the charges and re-examination of the matters. In respect of the said representation dated 19.05.2013, a Staff Court of Enquiry was held by the Additional Director General of Assam Rifles and report thereof was submitted. In addition thereto, the respondent No. 4 also conducted a Battalion Code of Enquiry against the petitioner without any showing reason and later, the matter was closed.