Lt Col M V S N A Bhagawan vs Union Of India
2021 Latest Caselaw 3300 AP

        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.

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

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