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2006 Supreme(Del) 1143

SWATANTER KUMAR, G.S.SISTANI
Lt. Col. U. B. S. Ahluwalia (Retd. ) – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. R.K. Saini, Advocate for the Petitioner.
Ms. Rekha Palli, Adv. Col. T. Parshad, Dy. JAG. for the Respondent.

G.S. Sistani, J.

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. 19.9.1


















































































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