Harbans Singh Rai, J. - (1.) THE Petitioner has filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ, order or direction quashing the decision of the Respondents whereby his acting rank of Lt. Colonel was taken away and for issuing a direction to the Respondents to regrant him the same rank of Lt. Colonel. He has also prayed for quashing the order conveying the severe displeasure to him being illegal and unjustified.
(2.) THE Petitioner was commissioned into the Army service on October 6, 1963. He earned various promotions in his turn and in due course of his service carrier. It is averred in the petition that promotion upto the rank of Major is a time -scale promotion and granted after completion of particular number of years of service. Thereafter, the promotion depends upon the selection made by a Board constituted under the provisions of the Regulations for the Army. The name of the Petitioner having been approved by the Board for promotion to the rank of Lt. Colonel, he was duly promoted to the rank of Lt. Colonel and was posted as Commanding Officer 9 Sikh Regiment on September 16, 1982. It is further stated in the petition that the performance of the regiment commanded by the Petitioner was well as it achieved distinction in various competitions held in the Division under which the Unit was serving. But suddenly an unfortunate incident of desertion by some misguided troops took place on the night of June 7/8, 1984, on account of Operation Bluestar undertaken by the Armed Forces. It is not out of place to mention here that it was not the only Unit where desertion took place, there were Other Units and regiments constituted of Sikh troops who also resorted to desertion in the wake of Operation Blue Star.
(3.) IN order to investigate the incident of desertion/mutiny, a court of enquiry was constituted. Before the start' of the Court of inquiry, the Petitioner was attached to HQ 180 Inf Bde under Army instruction 106/60, - -vide letter dated August 16, 1984, (Annexure P. 1). Upon Attachment of the Petitioner under the above quoted Army Instruction, he was made to relinquish the rank of Lt. Colonel with effect from November 18, 1984 on the authority of Army Instruction 1/S/74 as amended by Army Instruction 2/76 (Annexure P -5). Thereafter, the Petitioner continued to remain on attachment with HQ 180 Inf Bde till he was posted out on December 8, 1986, - -vide Annexure P. 10.;