MAJOR S P CHADHA Vs. CHIEF OF THE ARMY STAFF
LAWS(P&H)-1989-10-33
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 05,1989

MAJOR S P CHADHA Appellant
VERSUS
CHIEF OF THE ARMY STAFF THROUGH MILITARY SECRETARY Respondents

JUDGEMENT

- (1.) IN this petition under Articles 226/227 of the Constitution of India, petitioner S. P. Chadha has challenged the decision of the respondents taking away his rank of Lt. Colonel and his suspension order Annexure P. 7 attached to the writ petition.
(2.) HE has alleged in the petition that after his commission into the Armed Forces, he served with distinction and to the satisfaction of his superior officers. Having regard to his good record of service and performance, he kept on earning his promotions in due course of his service career and was finally promoted to the rank of Selection Grade Lt Colonel, He was then posted to take over the command of 2 Sikh Light Infantry.
(3.) IT is further stated in the petition that on the night of June 13/14,1983, when the Unit was serving at Amritsar, loss of one stem gun was reported. The local commander was directed to carry out investigation to trace the weapon. The petitioner alleged that in his capacity as Commanding Officer, he had not personally conducted the investigation. During the course of investigation, one sepoy Sital Singh had died and another Sepoy Bir Singh had sustained injuries. According to the petitioner, a preliminary investigation was carried, followed by a Court of Inquiry to enquire into the cause of death of Sepoy Sital Singh and also to determine the circumstances under which the sten gun had been lost.;


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