Rajasthan High Court - Jodhpur
Sbcwp No.2287/14 - Parbat Singh vs . Uoi & Ors. on 24 April, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
SBCWP No.2287/14 - Parbat Singh vs. UOI & Ors.
Order dt: 24/4/2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
Parbat Singh vs. Union of India & ors.
S.B.CIVIL WRIT PETITION NO. 2287/2014 DATE OF ORDER : 24th April, 2014 PRESENT HONB'LE DR.JUSTICE VINEET KOTHARI Mr. Madan Singh Rathore, for the petitioner.
Mr. Vinit Kumar Mathur, for the respondents.
1. The petitioner, who was recruited as Jawan in the Indian Army on 15/2/2004 and is working in Parachute Regiment, 10 Para (Special Force) at Jodhpur, has filed the present writ petition in this Court on 22/3/2014 with the following prayers:-
"(i) The repondent no.3 and 4 may kindly be directed to maintain the movement order dated 03.08.2013 and keep continue the petitioner at Special Force Training School, Nahan (H.P.)
(ii) The respondents may kindly be restrained from making the movement of the petitioner from 10 Para (Special Force) Regiment to Rajput Rifles Regiment.
(iii) The respondents may kindly be directed to withhold the prejudicial order dated 24.3.2014 passed against the petitioner.
(iv) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
SBCWP No.2287/14 - Parbat Singh vs. UOI & Ors.
Order dt: 24/4/2014 2/5
2. On the last date 21/4/2014, the respondents were asked to file reply to the writ petition, which has been filed today.
3. Normally, this Court would not have interfered in the administrative matters like transfer, posting and attachments of a Jawan in Indian Army as the respondent Indian Army has a peculiar set up & being a sensitive Department the transfers, postings & attachments of Jawans are in their exclusive domain, however, in the present case it appears that the petitioner is sought to be attached and posted from one place to another, for some period to Para Regiment Training Centre, Bangalore and then asked to report at Nahan (Himachal Pradesh) and now sought to be shifted from Para Regiment, Jodhpur, where he gets a special monthly allowance also, on the purported ground that he is not mentally and physically fit to work in the said special wing of the Indian Army. The case set by the petitioner with the help of documents is that the medical examination was conducted at Jodhpur in his absence on the date when he was admittedly in Himachal Pradesh and that the observations about his mental and physical health made by the different officers are out of bias against him. He is absolutely mentally & physically fit. The petitioner has also submitted that on account of his family dispute with his wife, he even has sought voluntary retirement from the service and a copy of the said application has been placed on record as Annex.R/2 dated 12/2/2013 along with the reply filed by the respondents today, which application appears to have been processed and forwarded to the concerned authorities.
SBCWP No.2287/14 - Parbat Singh vs. UOI & Ors.
Order dt: 24/4/2014 3/5
4. Learned counsel for the petitioner, Mr. M.S.Rathore, during the course of arguments, also submitted that the petitioner is absolutely fit, physically & mentally and on account of extraneous reasons, the private respondents,who have been impleaded by names, namely; Col. Sangram Singh, Commanding Officer, 10 Para (Special Force), India Army, C/o 56 A.P.O., Jodhpur and Major Bhimiya P.S., 10 Para (Special Force), Indian Army C/o 56 A.P.O., Jodhpur are unnecessarily harassing the petitioner and the postings and attachments at different places treating him as shuttle cock has a connection with the family dispute with his wife, in which the wife of the petitioner has approached these officers and the harassment is being made at her instance by these officers. Learned counsel for the petitioner also pointed out that there are some other Jawans in the same Special Force of the Indian Army at Jodhpur, who are really physically unfit, like Lance Naik M. Khagadia, Lance Naik Surendra Rana, PTR Dana Kumar and PTR N. Govind Raj and who have been retained in the same Special Parachute Wing at Jodhpur but the petitioner is sought to be now posted at Grenadier Unit at Jabalpur.
5. Learned counsel for the respondents, Mr. Vinit Kumar Mathur has filed reply to the writ petition and urged that these attachment and posting orders of the petitioner to Bangalore & Nahan (Himachal Pradesh) were issued in a routine manner and there was no malafides against the petitioner and various officers have found that the physical efficiency and mental strength of the petitioner is not enough to retain him in the Parachute Regiment, 10 Para (Special SBCWP No.2287/14 - Parbat Singh vs. UOI & Ors.
Order dt: 24/4/2014 4/5 Force) and posting of the petitioner to Grenadier Unit at Jabalpur is a routine transfer and the same does not require any interference by this Court in the present writ petition.
6. This Court normally would not like to interfere in such administrative matters but to allay the fear of the petitioner & to avoid any chance of bias and harassment of the petitioner, this Court is of the opinion that the matter can be resolved by directing the petitioner to file a suitable representation raising all his submissions to the higher authority above the respondent nos. 2, 3 and 4 in the Ministry of Defence, New Delhi and he will be free to rely upon the material produced before this court in support of his representation and it is expected of such higher authority to consider & decide the representation of the petitioner dispassionately, sympathetically and objectively as this Court would not like to interfere and substitute its own decision for such hierarchical discipline, which should be maintained in armed forces. The Court is informed that the Director General Infantry, (INF 6) Integrated Head Quarter, Ministry of Defence (Army), New Delhi is the next higher appropriate authority.
7. Accordingly, this writ petition is disposed of with a direction to the petitioner to file his representation along with supporting documents to the Director General Infantry, (INF 6) Integrated Head Quarter, Ministry of Defence (Army), New Delhi within a period of 15 days from today and same may be forwarded through the local unit immediately. It is expected of the said authority to pass appropriate orders in the matter of the petitioner within a period of two months SBCWP No.2287/14 - Parbat Singh vs. UOI & Ors.
Order dt: 24/4/2014 5/5 thereafter, after giving an opportunity of hearing to the petitioner. The petitioner, in the first instance, will appear before the said authority on 5th May, 2014. Till such representation of the petitioner is decided, the petitioner shall be retained in the same Unit where he is working, namely 10 Para (Special Force), Jodhpur and further transfer & attachment of the petitioner will abide by the decision of the said authority, namely; Director General Infantry, (INF 6) Integrated Head Quarter, Ministry of Defence (Army), New Delhi.
8. The writ petition is accordingly disposed of. No order as to costs. Copy of the order be sent to the parties concerned forthwith.
(DR.VINEET KOTHARI), J.
item no. 177 baweja/-