JASRAJ CHOPRA, J. - (1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner Major S.K. Chaterji has prayed for the following reliefs: (a) that a writ in the nature of mandamus or directions or order may kindly be issued while asking the respondents not to proceed with the operation and execution of their order of dismissal from service in respect of the petitioner; (b) that the respondents may kindly be directed to withdraw their show cause Notice No. B/03786/AG/DV -2(A) dated 5.9.1990;. that the petitioner be allowed to avail of all consequential benefits as here -to -fore such as leave including furlough leave, pay and allowances, Govt. accommodation etc. as admissible under normal rules, without imposing any restrictions on account of the order of dismissal; (c) that the petitioner be allowed to proceed on retirement on; superannuation with full pensionary benefits and Gratuity as applicable, as ordered vide Army Headquarter Military Secretary Branch Order No. 38183/Apr 92/Sigs/dt. 30.5.91, without causing any hinderance; (e) that the petitioner be allowed to serve till 30.4.1992 i.e. till attaining the age of superannuation and derive all consequential benefits therefrom as applicable here -to -fore, this not withstanding the relief that may later accrue from the petitioner's writ Petition No. 2031 of 1987, regarding restoration of rank of Lt. Col.; and (f) that the petitioner may kindly be given any other relief which may be deemed just and proper and in the facts and circumstances of the present case.
(2.) THE facts necessary to be noticed, for the disposal of this writ petition briefly stated are: that the petitioner was given a Commission in the Army as 2nd Lueutenant on 30.6.1963 and in due course, he was promoted to the ranks of Lieutenant, Captain, Major and Lieutenant Colonel. He was promoted as a selection grade acting Lt.Col. in October, 1980 and during his service, he has held two prized Instructional Appointments' and has also Commanded a Signal Regiment as Commanding Officer (Lt.Co.) successfully. However, on 4.3.1985, he was attached for investigation of a charge of disobedience levelled by his previous superior Officer and adversary out of malice, in terms of Army Instructions 106 of 1960 and. consequently, he was ordered to relinquish the Acting Rank of Lt.Col. after expiry of 90 mandatory days of 'Attachment' in terms of Army Instructions 1/S/74, despite the fact that the Court of Inquiry had absolved the petitioner of the said charge of disobedience.
(3.) IT is alleged that the same superior Officer and adversary of the petitioner, in collusion with some others, got a case No. RC 2/85 registered under Section 161 IPC read with Section 5(2) and Section 5(1)(d) of the Prevention of Corruption Act with the C.B.I., Jaipur against the petitioner, out of pure malice. After thorough investigations, the CBI found no substance in the FIR lodged against the petitioner and absolved him in case No. RC 2/85 vide discharge Order Ex.P.1 dated 28.8.1986.;