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2005 Supreme(AP) 889

Atal Bihari Acharya, Aged about 35 years, Miltary Hospital Secunderabad A. P. – Appellant
Versus
Senior Registrar and Officer Commanding Troops Military Hospital, secunderabad A. P. – Respondent


( 1 ) W. P. NO. 9189 of 2004 is filed to declare ihe action of the first respondent, (Senior Registrar and Officer Commanding troops, Military Hospital, Secunderabad), in issuing charge sheet against the petitioner, under Section 69 of the Army Act 1950 read with Section 354 I. P. C. , on the basis of the complaint dated 19. 01. 2004 filed by the third respondent (Mrs. Roshni, w/o. Craftsman V. K. Saroj), as without jurisdiction, mala fide, biased and in violation of Articles 14 and 16 of the Constitution of India.

( 2 ) THE petitioner, by way of an interlocutory application in the said writ petition, had sought for a direction to the first respondent to stay all further proceedings pursuant to the complaint dated 19. 01. 2004 lodged by the third respondent, and the consequential charge sheet issued to him. This Court, by order in WPMP. No. 1 1806 of 2004 in W. P. No. 9189 of 2004 dated 18. 5. 2004, directed the respondents not to pass any final orders. Alleging violation of the order, in WPMP. No. 11806 of 2004 in W. P. No. 9189 of 2004 dated 18. 05. 2004, C. C. No. 23 of 2005 was filed. Questioning the action of the first respondents in not permitting the petitioner to avail his
















































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