1. In this petition under Article 22'6 of the Constitution of India the petitioner prays for issue of writ of certiorari or any other appropriate writ, order or direction quashing the Order issued by respondent No. 1 for the forfeiture of pension of the petitioner vide its order No. B/40978/UBSA/A/PS/4(c)/2406/B/D (pension/services) dated 3.6.1987, as being contrary to the existing provisions of law and administrative regulations and, therefore, illegal and unconstitutional as being violative of the provisions of Article 14 of the Constitution of India, and also prays to issue a Writ of Mandamus or any other appropriate writ, order or direction commanding respondents not to restrict the free movement and the right of the petitioner to practice any profession, or carry on any occupation, trade or business, in violation of the Rights guaranteed under Article 19 of the Constitution of India.

2. The facts of the case as set out by the petitioner are that the petitioner was serving as a commissioned officer in the Indian Army as an engineers officer in the Corp of Engineers until he sought premature retirement. The petitioner was given premature' retirement w.e.f. 19.9.1982 after availing leave preparatory to retirement from 23.3.1982 to 18.9.1982. On premature retirement the petitioner was sanctioned pension, as per his entitlement. vide pension pay Order No. M(Provisional)2963/82 dated 11.10.1982 and he has been receiving the pension regularly up till June, 1987. After submitting' his application for premature retirement, the petitioner made an application dated 28.2.1982 seeking permission from the respondents to travel to USA for medical treatment of his wife. This application was made while he was still in service and permission to travel Was sought during the period of his leave. Permission was granted by the respondents vide letter dated 1.4.1982.

It has been further set out by the petitioner that despite the' permission granted he could not travel abroad for his wife's treatment, as his brother who was settled in the USA and had agreed to, financially support the treatment of the petitioners wife, suffered losses and showed his inability to undertake financial liability for the medical treatment. Thus he could not travel to the USA for the treatment of his wife. It has been stated by the petitioner that after submission of his application for premature retirement and after his brother expressed his inability to, support the medical treatment of the petitioner's wife; the, petitioner was in search of a suitable and, lucrative job within the country or abroad.

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3. In July - August, 1982 the petitioner came across an advertisement in the Newspaper for a job of a Deputy General Manager in a private construction company registered and based in Sultanate of Oman: The petitioner applied and was selected for the job. The petitioner made an application dated 30.9.1982 under the provisions of the Administrative Orders to the Chief of the Army Staff, respondent No.2 in the petition, for permission to accept 'commercial employment'. This application was made by the petitioner under the existing Administrative Orders which according to him were in fact not applicable to him. The petitioner further claims that he gave full and complete details of the private foreign company and that he was in no way connected or had dealings with the said company in his official, capacity during his service and had simply applied for the post in response to an advertisement. Another reason for his requesting for permission was that he was unable to get any other suitable job and the job offered would help him in supporting his aged parents and other problems which had forced him to take premature retirement.

4. The respondents in terms of letter dated 8.10.1982 called upon the petitioner to give certain clarifications in order to enable them to process his application for permission to proceed abroad. The petitioner vide letter dated 11.1