RAJAT AREN Vs. UNION OF INDIA AND 8 OTHERS
LAWS(ALL)-2019-3-137
HIGH COURT OF ALLAHABAD
Decided on March 26,2019

Rajat Aren Appellant
VERSUS
Union Of India And 8 Others Respondents

JUDGEMENT

Yashwant Varma, J. - (1.) A. A BRIEF OUTLINE Heard the petitioner who has appeared in person and Sri S.K. Rai, learned counsel who has appeared for the respondents 1 to 7.
(2.) Initially when the writ petition was instituted the petitioner had chosen to implead two Platoon Commanders of the Officers Training Academy, Chennai [hereinafter referred to as the "Academy"] as party respondents by name. However, pursuant to permission sought by the learned counsel for the petitioner appearing then, these two respondents were deleted from the array of parties as recorded in the order dated 14 September 2017. The instant writ petition had been preferred originally seeking the following reliefs: "iii."Issue a writ, order or directions in the nature of Certiorari calling for the records of the case and to quash the relegation dated 07.08.2017 (not communicated to the petitioner), show cause notice dated 08.08.2017, 27.07.2017 and the order dated 11.08.2017 whereby the petitioner has been sent on leave as also the order dated 31.08.2017 whereby the request of the petitioner for reconsideration of relegation has been rejected. iv. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to commission the petitioner w.e.f. 09.09.2017 which is the date for passing out parade."
(3.) By an amendment which was allowed by the Court on 12 October 2018, the following two additional reliefs were incorporated: "iv-A. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the order dated 21.07.2017 passed by respondent no.4( Annexure No.14 to the Writ Petition) as also the sending of petitioner on leave through leave certificates w.e.f. 11.08.2017 also issued by respondent no.4( Annexure No.19 to the writ petition), withdrawal order from commissioning training at O.T.A. Chennai dated 20.12.2017 passed by respondent no.2 (Annexure No.RA-1) and the order dated 21.12.2017 whereby the respondent no.4 after approval of withdrawal has recalled the petitioner for necessary clearance accordingly (Annexure No.RA.-1). iv-b. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay full salary in accordance with law from 09.09.2017 which is the date of commissioning of the petitioner as an Officer of the Indian Army.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.