HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
W.P.No.12141 of 2021
O R D E R:
This writ petition is filed for the following relief:
"To issue a writ order or direction more fully one in the nature of Writ of Mandamus declaring the proceedings of the 7th respondent in No.IC- 61729M/150/A dated 14.06.2021, whereunder the petitioner is directed to be apprehended and produced under Police escort before the nearest Army Unit as illegal improper arbitrary and capricious and set aside the same and pass..."
This writ petition was heard along with WP.No.8864 of 2021. The petitioner is questioning the proceedings dated 14.06.2021 by which the petitioner is treated as a person away/absent without leave and he was directed to be apprehended and produced under police escort. This proceeding dated 14.06.2021 was issued to the civilian authorities also and therefore, apprehending his arrest, the present writ petition is filed.
The Court has heard Sri C.Srinivasa Baba, learned counsel for the petitioner and learned Additional Solicitor General. The arguments in this case are a part of the arguments advanced in WP.No.8684 of 2021. The averments in this writ petition and the reply to the same are identical to WP.No.8684 of 2021.
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After considering the submissions made, this Court is of the opinion that the petitioner was duty bound to report to Gopalpur, AAD Center. He was re-attached and a fresh movement order was given to him to go to Gopalpur. In spite of the same, the petitioner did not report at Gopalpur. This Court has also noticed that the judgment of the Hon'ble Supreme Court of India reported in Major Amod Kumar v. Union of India1, wherein it is noticed and held by the Supreme Court that the Officers are bound to serve wherever they are ordered to go. The oath administered to the officers was reproduced in this order of the Hon'ble Supreme Court of India. Since the petitioner is a member of the Armed Forces, which is a disciplined uniformed force, he was duty bound to report at AAD Center Gopalpur. The orders were given to him in April, 2021 (08.04.2021 and 13.04.2021).
As per the counter affidavit, the petitioner stated that he was positive for Covid-19 and he was examined at INS Kalyani, Service Hospital, which certified that there is no restriction on the movement of the petitioner. Despite the orders and the examination by the hospital, the petitioner did not report to AAD at Gopalpur. Petitioner admittedly did not obtain leave also. However, in the counter affidavit it is clearly stated that if the petitioner joins his posting at AAD 1 (2018) 18 SCC 478 3 Center, Gopalpur, the proceedings under challenge would automatically be suspended.
In that view of the matter, this Court holds that the petitioner has not made out a case for interference and to suspend the proceedings dated 14.06.2021. It is hoped that as a member of the Armed Forces, where discipline is paramount, the petitioner would report to Gopalpur Centre immediately after the pronouncement of this order. If he does not so report, the action as mandated by the rules can be taken.
With these observations, the writ petition is dismissed. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed.
___________________________ D.V.S.S.SOMAYAJULU, J Date: 01.09.2021 KLP