( 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 website these had been edited from 105 hours of filming. The video tapes purportedly contained footage attributed to be of the petitioner alleging his participation in procurement of defence equipments by undue influence. As serious allegations were leveled against officials in the Defence ministry as well as six Army officials, the Ministry of defence vide orders dated 13/14th March, 2001 required the petitioner to give written comments to the contents of the video tapes.

( 4 ) IT is alleged that based on the same allegations contained in the video tapes the Army Authorities simultaneously ordered a court of inquiry into the matter on 15th March, 2001.

( 5 ) THE order dated 15th March, 2001, appointing the court of inquiry has been placed before us as Annexure P-2 which reads as hereunder:-

"a Court of Inquiry will assemble at a place, date and time to be fixed by the Presiding Officer to enquire into allegations of influencing the procurement of defence equipments as made against Army officers by Tehelka. com on 13th March, 2001. The Court will also investigate the complicity of any other person (s) who might be involved in any way. "

( 6 ) IT was directed in this order that the court of inquiry would also pin point the responsibility and culpability, if any, of the Army Officers/persons involved. It was also directed that the proceedings of the court of inquiry be submitted to the headquarters of the Western Command by 10th april, 2001. . .

( 7 ) THE petitioner states that the terms of reference were subsequently amended vide order dated 16th March, 2001 and again by order dated 18th March, 2001. However the perusal of the order dated 16th March, 2001 would show that the terms of reference remained the same and only para 2 of the order convening order dated 15th March, 2001 were amended.

( 8 ) IT is an admitted position that Justice K. Venkataswami Commission of Inquiry under the Commissions of Inquiry Act, 1952 was appointed by the Government of India on 24th March, 2001 for investigation into the teheleka. com affair. The petitioner was required to participate in the proceedings of Justice K. Venkataswami Commission of Inquiry which proceedings are stated to have commenced in May, 2001.

( 9 ) ON 9th July, 2001 the petitioner was attached with 1 Armd Div located at Patiala and Major General Aditya Singh, the GOC of 1 Armd Div was nominated to be his Commanding Officer.

( 10 ) THE petitioner submits that as he was required to participate in the Justice K. Venkataswami Commission of Inquiry at New Delhi, he had objected to his attachment and had submitted a statutory complaint dated 10th July, 2001 to the respondents to restrain the Army Authorities from taking further disciplinary action against him on the basis of the court of inquiry commenced by