TRD NAIR AND G.N. KURUP Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution of India, the petitioners TRD Nair and GN Kurup who were HAV/Cips of the 29 Assam Rifles have challenged the order of the Commandant made on April 12, 1989 dismissing them from their services.

(2.) THE charges of misconduct against the petitioner were - (1) While they were functioning as HAV/Cips in 29 Assam Rifles during the period April 87 -July 88, they actively took part in an unauthorised organisation, namely, Assam Rifles Combatant Personnel Association with a view to bringing a bad name to Assam Rifles, and (2) during the aforesaid period the petitioners operated a joint clandestine Bank Account No. C/180 in the State Bank of India Manja with a view to assisting in the conduct of subversive activities, and had money in the bank disproportionate to their income.

(3.) MR . B.K. Das, learned counsel for the petitioners, has contended that (1) the report of the inquiring officer was not furnished to the petitioners, therefore, there was violation of principles of natural justice in view of the decision of the Supreme Court in Union of India v. Ramzan Khan and (2) the contribution received for the purpose of payment of Advocates's Fee is not an offence as has been held by the commandant.