Rao thereupon filed a petition under Art.
An inquiry into the matter was made by Court of Inquiry.
Sardar Bahadur and Yougindra Khushalani, for the respondent.
Appeal from the judgment and order dated February 23, 1967 Of the Delhi High Court in C.W. No.
The Judgment of the Court was delivered by Sikri, C.J. The judgment, reproduced below, was drafted by the late Mr. Justice Roy and we all had subscribed to it.
Sen, P. L. Juneja, R. N. Sachthey and S. P. Nayer, for the appellant.
The Central Government found it to be unsatisfactory, and on April 9, 1959, an order was passed removing the respondent from service.
Rao then took Kumari Prakash to a hotel Saidya Lodge in Hyderabad and got a room to themselves by impersonating and giving a false identity as Mr. Mrs. Prakash.
The explanation of Rao was placed before the Central Government.
Rao was most unbecoming of an officer.
We beard the matter formally again on November 19, 1971.
This is an appeal by the Union of India by way of special leave.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
We adopt the judgment as our own.
The allegations were as follows Knowing Kumari Prakash as the daughter of a brother Officer, Rao assisted her in going away from her parents protection and planning to run away with a sepoy.
Rao, by threatening to cause harm to Kumari Prakashs parents, intimidated her t o visit his house where he took her in his scooter to the unit lines of 51 1 1 Gurkha Rifles where he arranged her meeting with a sepoy of the unit.
By memorandum dated September 4, 1958, Rao was called upon to submit his explanation by way of defence regarding the allegations against him.
It was alleged that on April 4, 1958, he companymitted acts of .gross misconduct.
1653 of 1967.
As he was of opinion that trial of the officer by a General Court Martial was inexpedient, he ordered administrative action to be taken under r. 14 of the Army Rules, 1954.
403 D of 1959.
The Chief of the Army Staff, after going through the proceedings of the Court of Inquiry, companysidered that the companyduct of Capt.
