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2004 Supreme(Del) 1047

MUKUNDAKAM SHARMA, G.C.MITTAL
IQBAL SINGH, (BRIG) VSM (RETD) – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Jayant Bhushan, Jyoti Singh, P.C.Khanna

Gita Mittal, J.

( 1 ) THE present writ petition has been filed by the petitioner impugning inter alia the decision of the respondents placing the petitioner under close arrest/military custody and prayed for issuance of a writ of prohibition against the respondents from taking any disciplinary action against the petitioner after his retirement on 28th February, 2003 with further directions to the respondents to allow all pensionary benefits as may be available upon his retirement on superannuation.

( 2 ) THE factual matrix laid before us is narrow. On successful completion of 36 years of unblemished service by the petitioner with the Indian army, the respondents issued an order dated 24th July, 2002 directing. that the petitioner s retirement on superannuation had been ordered with effect from 28th February, 2003.

( 3 ) UNFORTUNATELY for the petitioner, on 13th March, 2001 the country was subjected to expose with the release of video tapes under the caption "operation Westend" on the Zee TV Network by a Website named tehelka. Com, claiming to be engaged in the field of investigative journalism. The released tapes were of the duration of 4 1/2 hours. It is contended that as per the







































































































































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