Judgment

CHINNAPPA REDDY, J.:- When judgment was pronounced in Civil Appeal No. 475 of 1976 (Reported in AIR 1981 SC 947) (Virendra Kumar v. Union of India), it was thought that an unhappy litigation had come to a happy ending. But it was not so. It appears that Civil Appeal No. 475 of 1976 was only a prelude to a long drawn out acrimonious and dogged litigation, both parties to which appeared to us to be blameworthy. On the one hand, the matter appears to be viewed by the authorities as one of prestige, that is, false prestige and hurt-dignity. On the other hand. there is misplaced determination coupled with a sense of an emotional hurt on the side of the Captain.

2. The approach of the authorities is illustrated by the following statement in the counter-affidavit filed on their behalf by Major S. Krishna, Officiating Military Secretary Army Headquarters

"It is respectfully submitted that the honour and prestige, the faith and trust of the Armed Forces is at stake and if it is lost, it cannot be regained irrespective of the amount of effort to that end"

It is difficult to imagine how the very honour and prestige of the Armed Forces can ever be at stake in a litigation such as this. T