LT COL TS H C DHINGRA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner has sought a writ of certiorari to quash a notice dated 8th April, 1988, issued under the directions and on behalf of the F Chief of Army Staff, calling upon the petitioner to show cause why his services should not be terminated under section 19 of the Army Act, 1950 read with Army Rule 14.

(2.) The writ petition was filed on 25th April 1983. By an interim order made on 27th April 198" the respondents were restrained from proceeding further with the show cause notice. That order was, confirmed on 27th May, 198.8 and, in view of retirement of the petitioner from service due on 31st May, 1988, it was clarified that the rights of the respondents to proceed in pursuance of the show cause notice and the petitioner's entitlemeat to retrial benefits will be subject to the decision in the writ petition.

(3.) In the impugned show cause notice, it is stated that while the petitioner was employed as a Staff Officer in the Office of the Chief Engineer, Jaipur Zone during 20th September 1979 to 04th June 1983, a Board of Officers, convened by Chief Engineer, Southern Command, was held in 1983 to investigate the financial irregularities in the local purchases of steel and re- rolling of billets in the said Office. It is further stated that the proceedings of the said Board of Officers were placed before the Chief of Army Staff, who after due consideration had observed certain lapses on the part of the petitioner. The alleged lapses are set out in para 3 of the said notice. These allegations are not being reproduced here as the same are irrelevant for the present purpose. We are concerned with the reasons for issuing the show cause notice, stated in paragraph 4 of the notice, which are reproduced below :-