Capt. Prem Kishan Mohla. Vs. Union Of India & Ors.
EmailAppeal: Writ Petition No. 2969 of 1978.
Petitioner: Capt. Prem Kishan Mohla.
Respondent: Union Of India & Ors.
Apeal: Writ Petition No. 2969 of 1978.
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 10, 1987
Head Note:
PRACTICE AND PROCEDURE:
Counsel unable to contact his client-petitioners – Whether problem still survives or not, cannot be posited with any degree of certainity – It would be proper to protect the petitioners whilst disposing of the matter – Petitioners at liberty to approach the appropriate forum in case any grievance still survives.
JUDGEMENT:
ORDER
1. In this group of Writ Petitions two prayers are made for issuance of:
(i) Writ in the nature of ‘CERTIORARI’ quashing the Directive of Respondent No.3 dated 25-10-1977 Order No. B/55401/T.A.-5 embodied in Annexure ‘C’ which has been told to have been passed on some unauthorised approval order got passed by or concurrence obtained from Raksha Mantri on 31-08-1977 in so far as present petitioners are concerned.
(ii) Writ in the nature of ‘MANDAMUS’ commanding the Respondents to abstain from giving effect to the impeached order of 25-10-1977 and thereby not to take any step or steps conducive to their non-bonafide aim of effecting retrenchment of T.A. personnel on the fake basis of their being surplus much before they reach their age of superannuation or otherwise become disqualified under Army Act, Rules and Regulations or suo-moto relinquish their Commission.”
Since learned counsel for the petitioners has not been able to contact the petitioner notwithstanding strenuous efforts made by him whether or not the problem still survives cannot be posited with any degree of certainty. It would, therefore, be but proper to protect the petitioners whilst disposing of these matters in case any issue raised in these petitions still survives notwithstanding the passage of such a long time. We therefore, dispose of these writ petitions with no order with liberty to the petitioners to approach the appropriate forum in case any grievance still survives. There will be no order as to costs.
1. In this group of Writ Petitions two prayers are made for issuance of:
(i) Writ in the nature of ‘CERTIORARI’ quashing the Directive of Respondent No.3 dated 25-10-1977 Order No. B/55401/T.A.-5 embodied in Annexure ‘C’ which has been told to have been passed on some unauthorised approval order got passed by or concurrence obtained from Raksha Mantri on 31-08-1977 in so far as present petitioners are concerned.
(ii) Writ in the nature of ‘MANDAMUS’ commanding the Respondents to abstain from giving effect to the impeached order of 25-10-1977 and thereby not to take any step or steps conducive to their non-bonafide aim of effecting retrenchment of T.A. personnel on the fake basis of their being surplus much before they reach their age of superannuation or otherwise become disqualified under Army Act, Rules and Regulations or suo-moto relinquish their Commission.”
Since learned counsel for the petitioners has not been able to contact the petitioner notwithstanding strenuous efforts made by him whether or not the problem still survives cannot be posited with any degree of certainty. It would, therefore, be but proper to protect the petitioners whilst disposing of these matters in case any issue raised in these petitions still survives notwithstanding the passage of such a long time. We therefore, dispose of these writ petitions with no order with liberty to the petitioners to approach the appropriate forum in case any grievance still survives. There will be no order as to costs.
