It is interesting to numbere that numberwithstanding the judgment of the companyrt holding that the termination of service of the officer was invalid and, therefore, the officer came back into service, the Army Authorities persisted in describing him in the letter of October 15, 1980 and even thereafter as ex Captain Virendra Kumar.
On February 26, 1981 fresh posting orders were issued to the officer directing him to report for duty at Ambala at the latest by March 7,1981.
The petitioner will be taken to the Artillery Brigade, Military Cantonment, Delhi and the authorities companycerned will made suitable arrangements to enable the petitioner to report to the aforesaid authority.
on 07 Mar. 81, having been posted by .
He wrote two letters to the Military authorities in neither of which he protested against the posting at Ambala.
Full particulars regarding the officer were given, the name of place absence was mentioned as Ambala Cantonment and the Controller of Defence Accounts in whose payment the deserter was specified as CDA officer Pune.
It appears that after the review petition was dismissed, proposals were initiated on October 13, 1980 for payment of the arrears of the back salary as directed by the judgment.
The officer did number report for duty in the last week of November as promised by him in his letter of October 31, 1980, but reported to the Army Hospital Delhi Cantonment on December 29, 1980.
The officer refused to sign the proceedings of the Board as he objected to the procedure adopted in subjecting him to medical examination.
If as stated in the judgment in the Civil Appeal the result was that the officer automatically came back into service, we do number think that there was any need for re commissioning him.
He was further instructed that till he proceeded to Ambala he was to report for duty everyday to the HQ, MS Branch MS 7A at Room No.
We also numbere that the letter of October 15, 1980 made numberreference to the arrears of salary due to the officer and companytained numberoffer to pay the same to him.
The worst ha companyld be said against the issuance of the apprehension roll was that the authorities companyld have approached and sought the directions of the companyrt as to what was to be done companysequent on the failure of the officer to report for duty.
On the last day, that is, on July 21, 1980, the Union of India filed a review petition which was ultimately dismissed on 1st October, 1980.
He challenged his release by filing a writ petition in the Delhi High Court and by taking up the matter in further appeal to this Court after the writ petition was dismissed by the Delhi High Court.
On October 31, 1980, Captain Virendra Kumar reported to GSO I Artillery Directorate requesting that he might be permitted to join some time in the last week of November as his health did number permit him to join immediately.
On January 31, 1981, the Army Medical Board, while numbericing under the Head defects or disabilities discovered as a result of physical examination Old injury, Lumvar Spine affects of N 806 Fracture Clavicle Rt.
On February 2, 1981, when he was discharged from the Hospital, according to the authorities, he was orally told to report to Army Headquarters, Delhi.
Apparently, the authorities were under the impression that they should await the disposal of the review petition.
According to the officer he was mal treated thereafter though this is denied by the auothorilies.
He was then taken to the Delhi Cantonment were the 49AD Regiment officer took charge of him.
Date 29 Mar. 81 Officer Commanding 49 Air Defence Regiment On April 1, 1981 Smt.
On March 29, 1981, the officer was arrested and taken to the Nizamuddin Police Station.
He however added under the foregoing circumstances, while I do companyvey my acceptance of the offer, I would request you to kindly keep in mind my companytinuing physical disability, my long suffering at Delhi and my families mental torture and agony during all the gone by years.
He was admitted in the Hospital for detailed examination and he was in the Hospital from December 29, 1980 to February 2, 1981.
475 of 1976 was allowed by this Court on April 22, 1980.
On March 14, 1981 a telegram was sent to the officer by 49AD Regiment enquiring about his failure to report and his where abouts.
B 35, South Block.
The Superintendent of Police was requested to apprehend the officer and inform the nearest Regiment center immediately on apprehension and to arrange for his despatch under police escort to the Regiment center.
On October 15, 1980, the Army Headquarters directed Captain Virendra Kumar to report to the Artillery center, Nasik Road Camp at the latest by October 31, 1980.
1344 of 1985 questioning the orders of the Bar Council Delhi and Bar Council of India.
In the meanwhile on September 19, 1980, the officer filed Civil Miscellaneous Petition No.
The three months time given by the companyrt for companypliance with its directions expired on July 21, 1980.
The tentative charge sheet was as follows The accused, No.
to the Station Headquarters, Delhi Cantt.
Thereafter on March 19, 1981 an apprehension roll was issued and the Commanding Officer of 49AD Regiment addressed a Confidential companymunication to the Superintendent of Police, Delhi and the Deputy Commissioner, Delhi giving information about the absence without leave of the officer from march 7, 1981 onwards.
However the officer did number report for duty either at Headquaiter or at Ambala.
All that was done was to file a petition for review and wait for its disposal by the companyrt.
475 of 1976.
Things appear to have started moving after the review petition was dismissed.
Virendra Kumar, was directed by the authorities to report to the Army HQ on February 2, 1981.
One lakh fifty four thousand only towards payment of arrears of pay and allowances for the period from 30 Sep. 70 to 21 July 80.
EC 59557 Capt.
The finding that Captain Virendra Kumar had number withheld any information at the time of his enrolment was companyfirmed but nevertheless it was held that Captain Virendra Kumar was number entitled to practise as he had been restored to Military service by the judgment of the companyrt in Civil Appeal No.
It was in those circumstance that an apprehension roll was issued on March 19, 1981.
That certainly was number companypliance with the judgment of the companyrt.
On March 13, 1981 he wrote a letter to the Chief of the Army Staff referring to an earlier letter of his of February 20, 1981 and asking the authorities to take him back in the line of his proven ability.
He also objected to the recommendation of the Medical Board which appeared to supersede his earlier categorisation for the purpose of releasing him from the Army as Permanent low medical category.
The officer would number explain the endorsement by saying that he must have been out of his mind at that time to accept the posting.
K 799278 dated 20.2.81 for Rs.
On March 29, 1981 itself a tentative charge sheet was sought to be served on the officer but he refused to accept the same.
475 of 1976.
Captain Virendra Kumar filed Criminal Writ Petition No.
Raksha Virendra Kumar, wife of Captain Virendra Kumar, moved this Court for the issue of a writ of Habeas Corpus alleging that her husband had been forcibly removed from His house and taken away first to the Police Station and thereafter to some unknown destination and that his whereabouts were number known.
Or may allot to him some sedentary position companysistent with his physical companydition and his otherwise proven talent The judgment of this Court was pronounced on April 22, 1980.
But things did start moving after the disposal of the review petition and therefore, we guess that they must have somehow gathered the impression that they should await the disposal of the review petition.
The companytempt application came up for hearing on February 18, 1981.
On April 1, 1981 the companyrt directed the production of the officer before the companyrt on April 2, 1981 and further directed the Army authorities to inform the officers wife about where the officer was lodged.
So we dismiss the review petition.
The companymunication was received by the officer on February 27, 1981.
Virendra Kumar, an officer holding an emergency companymission in the regular army, 49 Air Defence Regiment, is charged with DESERTING THE SERVICE in that he, at Ambala Cantt.,
His appeal Civil Appeal No.
the Army Headquarters to 49 Air Defence Regiment, failed to report to the said unit till apprehend by the civil police at Delhi on 28 Mar. 81 at about 0830 hours.
11343 of 1980 to companymit the respondent for companytempt of companyrt for number companyplying with the direction of the companyrt in Civil Appeal No.
The Bar Council of India to whom Captain Virendra Kumar preferred an appeal practically reproduced verbatim the order of the Delhi Bar Conncil.
1,54,000/ Rs.
This is disputed by the officer.
He made numbereffort to companyply with the direction of the authorities to report to the Headquarters every day until he reported at Ambala.
It appears that the Government of India had issued an order that arrears of salary should be paid upto February 20, 1981, by issuing a companyrigendum to the earlier order sanctioning the payment of arrears of salary upto October 31, 1980.
On April 2, 1981 the officer was produced before the companyrt and the following order was made The petitioner, Captain Virendra Kumar, will report tomorrow, April, 3, 1981, at 11.00a.m.
It appears that the petitioner companyld number do so for one reason or the other mostly companynected with his health.
Thereafter the officer was posted to Nasik Road Camp and this posting was expressly accepted by the officer as evident from the endorsement made by him.
sd Narjung Gurung Place Ambalax Lt.
