NEERAJ BALA GOSWAMI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In this application, Respondent 3 Shri Surender Mohon, has prayed for direction to expunge the remarks made against him in the order dated 21/11/1994 passed in the writ petition filed by Dr (Mrs) Neeraj Bala Goswami. For the purpose of appreciating the prayer, some background facts may be reiterated.

(2.) A young soldier Shri Shyamal Goswami of Meerut gave an exemplary display of courage risking his own life for the defence of his motherland during Indo-Chinese War in 1962, when he was in an army detachment in a forward area in Chusul. At the gravest risk of his life, he fought undauntedly against a heavy detachment of Chinese Army and by that process became severely wounded. Later on, he was rescued and treated. But his legs had to be amputated. In recognition of his gallantry and exemplary courage and devotion to duty, he was awarded the highest gallantry award for an army personnel: "mahavir Chakra". In the year 1992, the government of U. P. gave Col. Goswami a land measuring about 2 bighas 11 biswas and on getting a dealership of licence of LPG from Indian Oil Corporation, Col. Goswami used to run the said Gas Agency. Col. Goswami married the petitioner, Dr Neeraj Bala Goswami, but it appears that the conjugal life had to suffer a rough weather. At the time of his death, his wife used to live separately. In April 1992, Col. Goswami was found murdered in his house in the campus of Goswami Gas Agency. After the death of Col. Goswami, dispute as to ownership of the Gas Agency and right to carry on the said agency arose between his widow Drneeraj Goswami and the sisters of Col. Goswami, particularly Smt Ashoka Trikha, who claimed to be a partner of Col. Goswami long before his death.

(3.) The applicant is the husband of one of the real sisters of Col. Goswami, Smt. Deepashree Mohon Respondent 14. He is a very senior member of the Indian Administrative Service. While holding a very senior assignment as an INDIAN administrative SERVICE Officer in Uttar Pradesh Cadre, the applicant wrote two letters one dated 10/8/1993 to the Executive Director of Indian Oil Corporation and the other dated 5/5/1994 addressed to the Principal secretary, Home Department of the State of U. P. In the order dated 21/11/1994 it was observed that