- (1.) The petitioner in this petition filed under Article 226 of the Constitution prays for quashing of his transfer and posting order dated 20.1.2006 passed by the Military Secretaries Branch (MS-16), Army Headquarters, DHQ PO, New Delhi. It is appropriate to mention here that the petitioner was sought to be transferred from Ambala to Kota vice Major Jasmeet Singh, who was to proceed on some course. However, while he was in the process of joining, he was diverted to 509 Army base Wksp, Agra vide order dated 20.1.2006 (Annexure P-8), which is the subject matter of challenge in the instant writ petition.
(2.) The petitioner has claimed that he has been acting as a prosecutor in the general court martial of Col. Anil Sehgal emanating from sting operation carried out by Tehelka expose. He has alleged that Mr. Sehgal was convicted and sentenced to four years rigorous imprisonment. The petitioner has made vague allegations of mala fide in diverting his posting from Kota to Agra by asserting that there is a hidden hand and at the instance of extraneous interference by some officer under the influence of accused in Tehelka case, his posting has been diverted from Kota to Agra. He has referred to some D.O. letter allegedly written by Brigadier to substantiate his plea. In that regard, an application was filed bearing C.M. No. 3987 of 2006, which was disposed of by the Division Bench on 9.3.2006 and the order reads as under: This order shall dispose of the prayer made by the petitioner for stay of his transfer. Petitioner has argued that he was detailed as prosecutor in the General Court Martial (in short " the G.C.M.") of Brig. Iqbal Singh. He attended the hearing. Brig. Iqbal Singh wanted the petitioner out of G.C.M. at any cost. The G.C.M. rejected the plea of Brig. Iqbal Singh and the petitioner was asked to conduct the prosecution case. Iqbal Singh then asked the petitioner to help him in getting himself exonerated. Allurements were offered to him. Another officer Lt. Col. (Retd.) V.P. Sayal advised the petitioner to help Brig. Iqbal Singh by adopting the line of Major General (now Lt. Gen.) A.S. Bajwa. He (Petitioner) was not granted extension of stay at Ambala. He received posting order to 901 AD Regt (SP) Wiksp at Kota (Rajasthan). Thereafter a diversion of posting was carried out to Agra. Petitioner approached MS Branch, Army HQ to give him the reason of the diversion. Petitioner found out that his posting was done because of a demi-official letter received from a high ranking army officer. Later on a flimsy excuse was given that the petitioner is being posted in fact nearer to his home town. The other reason was regarding his Annual Confidential Report. Petitioner has been victimized for not toeing the line of interested persons/witnesses in the Tehelka case. We have heard petitioner in person and learned Counsel for the respondents. Petitioner has been posted in Ambala for the last 2-1/2 years. In his affidavit, he has stated that he came to know of a demi-official letter received from high ranking army officer, which was the cause of his transfer. Petitioner on being questioned as to the contents of the letter or when it was received, the petitioner could not give any convincing reply. Learned Counsel for the Union of India Mrs. Daya Chaudhary has categorically stated that there was no demi official received by the authorities in Ambala from any higher authorities to post the petitioner at Agra. She has further stated that petitioner in fact is wanting to stay at Ambala and is thus leveling false allegations against his senior. Petitioner, who has been posted at Agra till date has not taken over charge at Kota. He has not suffered any loss, that he had first to move to Kota and now after a few days be is being sent to Agra. Posting at Kota has not been complied with. Prayer made by the petitioner for granting of stay is dismissed. Main case to come on 21.4.2006.
(3.) When the matter came up for consideration before us on 17.8.2006, the petitioner placed on record a copy of the order showing that he has been asked to assume the appointment of Wksp Officer (Major) on 20.3.2006 and a copy of the letter dated 21.3.2006 was taken on record as Mark "A". On account of the fact that the petitioner had been working as Lt. Col. and he could not be made to officiate as Major, we directed the respondents to produce the record for our perusal.;