(Per : HONOURABLE MR.JUSTICE A.L.DAVE) The petitioner has initiated this second round of battle against the respondents, making following prayers:-
"(A) Your Lordships may be pleased to issue a writ of certiorari or a writ in nature of mandamus and/or any other appropriate writ, order or direction, quashing and setting aside the punishment of severe reprimand made vide letter dated 4.9.1993 effective from 13.3.1992 being without jurisdiction and arbitrary, without conducting any inquiry and without giving any opportunity to the petitioner, before imposing such penalty.
(B) Your Lordships may be pleased to quash and set aside the punishment of reducing the petitioner in the rank to the post of Nayak as per the letter dated 4.9.1993 effective date of punishment from 21.5.1992 as the provision under which the penalty is imposed is not applicable to the petitioner and the same is against the provisions of Section 120 of the Army Act.
(C) Your Lordships may be pleased to direct the respondent to notionally reinstate the petitioner and pay full wages till normal date of his retirement with promotional benefits from the dates, the petitioner's juniors have been granted and accordingly be pleased to direct the respondent to pay arrears of retirement benefits and enhance the pension of th petitioner's routine retirement.
(D) Any other and further reliefs may be granted in favour of petitioners as this Hon'ble Court may deem fit and proper under the circumstances of the case with cost."
2. In the earlier round, the petitioner lost before the learned Single Judge of this Court, before the Division Bench of this Court in Letters Patent Appeal and before the Apex Court in Special Leave to Appeal. However, before the Apex Court, the petitioner withdrew the S.L.P, reserving liberty to take recourse to an appropriate remedy in accordance with law, where he may raise all the issues. Thereafter, the petitioner has approached the respondent-authorities with a representation dated 22.10.2010 addressed to (1) The Secretary, Ministry of Defence, Government of India, New Delhi, (2) The Chief of Army Staff, Army Head Quarters, New Delhi, and (3) The Chief Record Officer, Army Ordnance Corps., A.O.C. Record, Secundarabad (A.P.). In response to the said representation, a communication has been sent by A.O.C. Records on 2.9.2011 addressed to the Director General of Army Ordnance Corps indicating that the competent authority to take decision on the representation would be 11 Inf DOU and, therefore, the representation is sent to 11 Inf DOU.
3. It is not in dispute that no decision is taken on the representation made by the petitioner by 11 Inf DOU nor it is the case of the petitioner that 11 Inf DOU is not the competent authority to decide the representation. Under the circumstances, the prayers made in the petition cannot be granted at this stage. The petition being premature, stands dismissed at this stage.
[A.L.Dave,J.] [C.L.Soni,J.]
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