- (1.) Heard Sri H.B. Mishra, Petitioner in person and Sri Subodh Kumar, learned Counsel for the Respondents.
(2.) Petitioner in both these writ petitions was employed as Flight Lieutenant in Indian Air Force. He was posted as Registrar, Sainik School, Kapurthala, Punjab w.e.f. 8th July, 1985 on deputation in pursuance to his selection for the post in response to the advertisement published by the Respondent-authorities. Deputation was for a period of four years. While working as Registrar, allegations and counter-allegations were made between the Petitioner and the Principal, Sainik School, Kapurthala, namely, Wing Commander, G.S.K. Yadav. This led to an order of General Court Martial Proceedings being initiated against the Petitioner, with reference to the charges as noticed in the Charge-memo dated 14th June, 1988. At that stage the Petitioner filed the first writ petition being Civil Misc. Writ Petition No. 13581 of 1988 for the following reliefs: (a) that a writ in the nature of certiorari as also quashing the enquiry proceedings contained in adventures 23 and 24 may be issued. (b) that a writ in the nature of mandmus to drop the disciplinary proceedings against the Petitioner may be issued. (c) that a writ, order or direction in the nature of mandamus commanding the Respondents directing them to restore the position of the Registrar of the Sainik School, Kapurthala to the Petitioner extending prior to 14.5.86 and thereby directing them to allow the Petitioner to continue as the Registrar for complete tenure of 3 to 4 years may be issued. (d) that a writ, order or direction in the nature of mandamus commanding the Respondents not to harass/ill-treat/victimize the Petitioner any more may be issued. (e) that order or direction commanding the Respondents to produce the proceedings of all the enquiries investigations for scrutiny of this Hon'ble Court may be issued. (f) a writ in the nature of mandamus commanding the Respondents not to move the Petitioner out of Hq C.A.C. (Unit) Air Force, Bamrauli, Allahabad to any other Unit except Sainik School, Kapurthala during pendency of this writ petition in this Hon'ble High Court, may be issued. (g) and/or any other writ or direction which this Hon'ble High Court deems fit under the facts and circumstances of the case may also be issued. Petitioner also made an interim stay application seeking stay of the General Court Martial Proceedings.
(3.) On the date the writ petition came up as fresh matter before the Court, a preliminary objection was raised on behalf of the Respondent-authorities qua territorial jurisdiction of the Court to entertain the writ petition. this Court after noticing the objection permitted exchange of affidavits and directed that it shall be open to the Respondents to raise the objection, qua the maintainability of the proceedings initiated before this Court, at the time of hearing.;