LACHHIMAN SINGH Vs. UNION OF INDIA
LAWS(ALL)-2007-2-36
HIGH COURT OF ALLAHABAD
Decided on February 05,2007

LACHHIMAN SINGH Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) ARUN Tandon, J. All these three writ petitions have been filed by one Lachhiman Singh, who claims to have put in more than 34 years of service in the employment of Indian Air Force. He was appointed as Master Warrant Officer in Central Air Command, IAF, Bamrauli, Allahabad for a period of three years w. e. f. 12th May, 2003, under the letter of the Air Head Quarter dated 22nd February, 1999.
(2.) ON 26th April, 2005, petitioner was asked to submit his statement regarding his behaviour within his quarter, which inturn was based on the complaints submitted by the families of Block No. 250 and IAF (P ). It is alleged that since the notice was not accompanied with the complaint referred therein, the petitioner made an application for supply of the copy of the complaint, so that he may submit his reply. According to the petitioner, he was served with a show-cause notice dated 29th April, 2005, wherein various allegations were made against the petitioner. A Court of enquiry was ordered on 2nd May, 2005. The Court of enquiry recorded its finding on 1st June, 2005 and recommended action. Petitioner, on coming to know of the aforesaid action, made a representation dated 1st June, 2005, which was not considered by the authority concerned. He filed Civil Misc. Writ Petition No. 56549 of 2005 before this Court for quashing of the finding recorded by the Court of Enquiry and the recommendation made vide Unit Routine Order No. 37/2005 dated 2nd May, 2005. Petitioner also prayed for quashing of the order dated 9th August, 2005, attaching the petitioner from Allahabad to Darbhanga (Bihar), which according to the petitioner by way of punishment effected during the pendency of the approval of findings and recommendations of the Court of enquiry. The writ petition so filed by the petitioner was dismissed by this Court, vide order dated 22nd August, 2005, on the ground of statutory alternative remedy by way of appeal under Section 26 of the Air Force Act, 1950. Against the order of this Court dated 22nd August, 2005, petitioner filed Special Appeal No. 1113 of 2005. The Special Appeal was disposed of vide judgment and order dated 19th September, 2005, with modification of the order of learned Single Judge to the extent that the representation of the appellant may be disposed of by the authority concerned, by means of a reasoned speaking order.
(3.) THE petitioner was served with an order dated 23rd September, 2005, whereby he was posted at 153 HU, AF, Udhampur. THE said order has been challenged, by means of Civil Misc. Writ Petition No. 64637 of 2005. No interim order was granted in the said writ petition. That alongwith Civil Misc. Writ Petition No. 64637 of 2005, petitioner (Lachhiman Singh) filed another Civil Misc. Writ Petition No. 64613 of 2005 and on 7th October, 2005 this Court stayed the operation of the movement order dated 23rd September, 2005. On the strength of the interim order so passed, petitioner claims to have joined his duties at Bamrauli, Allahabad.;


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