Document Fragment View

Matching Fragments

2. Some of the facts noted and as canvassed by the learned counsel for the petitioner are that the petitioner was enrolled in the Indian Army as a Sepoy on August 06, 1979. He was later transferred to 19 Mahar Regiment on April 02, 1985. It is the case of the petitioner, on September 25, 1987, he was promoted to the rank of Lance Naik. On March 26, 1990, the petitioner complained against the CO i.e the respondent No.5 to the Commander of his brigade. It is the case of the petitioner that on May 30, 1990, he was interviewed by the Commander where he highlighted two major grievances of his i.e, he was being denied leave by the CO and the CO was hell bent upon relinquishing the rank of the petitioner. The petitioner was sent for 15 days casual leave from June 01, 1990 to June 15, 1990. He was also informed that his other grievances shall also be looked into and the CO 17 Kumaon Regiment was detailed to conduct the investigation on the basis of the complaints made by the petitioner.

2. I am performing the duties of NSA of the bn.

On 16 Jul 90 at about 0900 h, I was called by IC-

42062F Maj B.K. Pati, Adjt in his office. I reached his office at 0905 hr where Adjt told me that No.2976576N Sepoy Vishav Priya Singh, 19 MAHAR attached with 18 PUNJAB is required to be present in CO's Office in uniform for investigation at 161230h. Accordingly I went myself to Sep. Vishav Priya Singh, 19 MAHAR personally and conveyed to him the Adjt's orders at 160920 hr. AT that time Sep Vishav Priya Singh was in his room with No. 9507523 Hav. Kuldip Kumar (AEC), who is also sharing room with him. On hearing the orders given by Adjt. through me, Sep. Vishav Priya Singh told me that he will not wear uniform of a Sepoy since he is a L/Nk or he will come in civil dress to CO's office. I tried to convince him but he did not agree to wear Sepoy uniform. Accordingly, I went to Adjt and informed him about it.

5. NO. JC-167139Y Nb Sub Gurcharan Singh, 18 PUNJAB having been duly warned states:-

6. I am performing the duties of Sub Adjt. 18 PUNJAB. On 16 Jul 90 at about 1215 h I was called by 42062F Maj B.K. Pati, who is doing the duties of Adjt in this office. I was ordered by the Adjt to deliver the letter No. 1304/2976576/AG dt 16 Jul 90 to No. 2976576N Sep. Vishav Priya Singh of 19 MAHAR attached with 19 MAHAR attached with 18 PUNJAB and to obtain the receipt duly signed by him. Accordingly, I went to Sep. Vishav Priya Singh at about 161225 h and found him sitting on his bed in civil dress. No. 9507523X Hav. Kuldip Kumar, AEC was also present there when I ordered Sep. Vishav Priya Singh to accept the letter and sign the receipt. However, Sep.

11. As per the CO's orders Sep Vishav Priya Singh, 19 MAHAR was required to be present in CO's office for investigations on 16 July at 1230 hrs. Therefore, I passed orders to Naib Subedar Adjt 245811K Nb Sub Parmodh Singh to go personally and convey the same. At about 1100 h Naib Sub Parmodh Singh came back and told me that Sep Vishav Priya Singh, 19 MAHAR attached with 18 PUNJAB has refused to wear the uniform of a Sepoy and was wearing civil dress. He also told me that Sep Vishav Priya Singh says that he will not wear uniform of a Sepoy since he is a L Nk, however he will come for investigations in civil dress. I therefore immediately informed CO who ordered me to make out a written letter and take his receipt stating that he is required at 1230 h in uniform for investigation.