Devendra Pratap Singh, J. - (1.) THE following order was passed on 28.5.2010 issuing bailable warrants to secure the presence of the Commanding Officer 504 Army Supply Corps, Battalion C/o 56 APO: Heard learned Counsel for the petitioner but none appears for the opposite party even in the revised list. The facts would be evident from the perusal of the following order dated 11.12.2009: Heard learned Counsel for the parties. The following order was passed on 18th November 2009: Heard learned Counsel for the parties. The applicant was enrolled in the Army on 12.3.1966 and w.e.f. April, 1970 he was mustered as a Driver. While working as Motor Transport Driver in 504 Army Supply Corps Battalion attached to the 4th Mountain Division at Chaitham Lines, Allahabad, he was detailed for Regimental police duty to prevent pilferage of Government property belonging to the 4th Mountain Division. During his duty on 23.1.1984 he noticed Major A.P.E. Kutty, Subedar J.N. Rai and Havaldar Amar Singh and other military personnels carrying away three jerricans of petrol and 100 litres of diesel and he immediately reported the matter in writing to the commanding officer. Despite all sorts of third degree method adopted to withdraw his complaint against Major Kutty and others here fused and this became the reason for the wrath of the C.O. who charge sheeted him for making a false report against Major Kutty, Subedar J.N. Rai and Havaldar Amar Singh. After summary court martial he was sentenced to three months rigorous imprisonment and dismissed from service vide order dated 13.3.1984. The said decision was subjected to challenge in Writ Petition No. 479 of 1985 before this Court with following prayers: a) For quashing of the sentence of Summary Court Martial dated 13.3.1984. b) Re -instatement of the petitioner with original seniority. c) Payment of arrears of pay and allowances. A learned Single Judge of this Court after exchange of pleadings by an exhaustive judgment allowed the writ petition with costs and set aside the punishment order, holding: Thus, there being a flagrant violation of the provisions of the Act and the Rules and the Principles of natural justice in conducting the proceedings against the petitioner, the impugned order awarding punishment cannot be sustained. Not content, the Army through The Union of India, Ministry of Defence, The Chief of Army Staff, The G.O.C. 4th Mountain Division and Commanding Officer filed Special Appeal No. 150 of 1991 and a Division Bench of this Court upheld the judgment and dismissed the appeal with costs vide order order 7.11.1992. However, the judgment was not complied forcing him to file a Contempt Petition No. 1363 of 1993 where a plea was taken that the applicant had superannuated during pendency of the writ petition, and thus it was finally disposed off vide order dated 22.11.1994 directing the opposite parties that in case the applicant has reached the age of superannuation there cannot be reinstatement but he will be entitled to all pensionary benefits. This contempt petition has been filed in October, 1996 with the allegation that the opposite parties have defrauded the Court by presenting wrong facts and in fact he had submitted a bond for service upto 62 years. It is also stated that his date of birth being 12.3.1947, he would retire in 2009 and his contemporaries are working as Subedar Majors but he is illegally being paid measly pension of a sepoy. Upon issuance of notice, the Commanding Officer, 504 Army Supply Corps Battalion has filed an affidavit that in terms of engagement of the applicant he stood retired on 31.3.1984. Apparently, the stand taken is misleading and prima facie it is a case of deliberate and wilful violation of the writ judgment. Accordingly, the opposite party shall appear before the Court on the next date to show cause why he should not be tried and punished under Section of the Contempt of Courts Act for failing to comply with the writ judgment in its letter and spirit. List on 11.12.2009. In pursuance thereof, the Commanding Officer is present alongwith his compliance affidavit. Let a reply, if any, be filed by the next date. List in the week commencing 25th January 2010. The personal presence of the Officer is dispensed with for the next date. The applicant has filed reply to the compliance affidavit filed along with an application dated 11.12.2009 by the Commanding Officer 504 ASC, Battalion wherein it has rightly been pointed out that the opposite parties have yet not complied in letter and spirit the judgment of this Court. The Court has no other option but to issue bail able warrants to ensure the presence of the Commanding Officer 504 Army Supply Corps, Battalion C/o 56 as neither any reply has been filed nor anyone has appeared on his behalf. Accordingly, issue bailable warrants to secure the presence of the Commanding Officer 504 Army Supply Corps, Battalion C/o 56 APO, which is otherwise situated at Allahabad itself. List on 23.7.2010.
(2.) IN pursuance thereof, the Officiating Commanding Officer, Lt. Col., Vishal Chadda has appeared in Court and has stated that the Commanding Officer is out of station on some official work and an exemption application has been filed on his behalf. It has further been stated that the entire record with regard to the petitioner is with the Chief Record Officer, ASC Records, (South), Bangalore. Accordingly, Chief Record Officer, ASC Records,(South), Bangalore is impleaded as opposite party No. 3 and Shri Ajay Bhanot has accepted notice on his behalf.
(3.) HE has also stated that he has already sent for the records and would file an appropriate affidavit on the next date.;