S.R.Misra, J. - (1.) The petitioner Sri D. S. Agarwal, Lt. Colonel (posted as Major at the time of filing of the Writ petition on account of impugned order dated 17-8-1984), vide the present writ petition under Article 226 of the Constitution of India has prayed for the quashing of the order dated 17-8-1984, Annexure-2 to the writ petition whereby the petitioner has been reverted in contemplation of disciplinary proceedings, as well as quashing of the orders dated 6-6-1985 and 15-5-1987 marked as Annexures-6 and 9 to the writ petition, awarding severe displeasure to the petitioner and rejecting his statutory complaint, respectively. The petitioner has prayed for consequential reliefs as Well including the relief of consideration for further promotion, to which he claims to be entitled but for the impugned orders standing in his way.
(2.) Before proceeding to examine the respective claim of the parties on merits it is necessary to briefly state the admitted facts leading to the filing of the instant writ petition.
(3.) Petitioner joined Army through Short Service Commission in the year 1966 and had been granted permanent commission in the year 1970. The petitioner served with utmost devotion and having unblemished service record, earned promotion as Lt. Colonel through selection board No. 4 and upon promotion was transferred and posted as S. O. I. (Works) at Bareilly Zone, Bareilly Cantt. on 7-5-1984. The petitioner thereafter had been served with an attachment order dated 7-8-1984, impugned in this present writ petition. The petitioner as a result of this order, was attached to another unit at Kanpur. The petitioner is mainly aggrieved by Item No. 3 of the said order dated 17-8-1984 which is being reproduced, as a result of which the petitioner was forced to relinquish his rank of Lt. Colonel after three months from the date of attachment or after 21 days from the date of communication about intimation of disciplinary proceedings ; "The above officer is holding an action rank in connection with the provisions of A1 l/S/74 as amended vide Corr 2/76 A02/76) will relinquish the same after 3 months from the date of attachment or after 21 days from the date of receipt of direction of the competent authority on the recommendations of the court of inquiry to initiate disciplinary action against him.";