Point of Law: An order of penalty of severe reprimand was passed under Section 63 of Army Act, 1950.

JUDGMENT :

R.M. Chhaya, J.

Feeling aggrieved and dissatisfied by the judgment & order dated 10.02.2021 passed by the learned Single Judge in WP(C) No.7105/2016, the appellant/original petitioner has filed this appeal.

2. Heard Ms. M. Singh, learned counsel for the appellant. Also heard Mr. A.K. Dutta, learned Central Government Counsel appearing for the respondent Nos.1 to 8.

3. The following facts emerge from the record of the appeal. The appellant/original petitioner is working in General Reserve Engineer Force (GREF) under Border Roads Organization under the Ministry of BRTF. It is the case of the appellant/original petitioner that as employee of General Reserve Engineer Force, the appellant/original petitioner expected Bhutan Compensatory Allowance (BCA) posting as he has fulfilled requisite conditions of 5(five) years Good ACRs and more than 26 months compulsory service in High Altitude. However, by the impugned order dated 02.09.2016, the appellant/original petitioner was issued with an order cancelling the said order of transfer of Bhutan Compensatory Allowance on the ground of punishment of “severe reprimand” imposed upon as contemplated under Section 63 of the Army Act, 1950.

4. It was basically the case of the appellant/original petitioner before the learned Single Judge that the impugned order dated 02.09.2016 is bad and illegal and at no point of time the appellant/original petitioner was served with the order of reprimand. It was, therefore, submitted that the action of the respondent authorities in cancelling the transfer order and not giving benefit of Bhutan Compensatory Allowance is erroneous. The appellant/original petitioner also disputed the stand of the respondent authorities to the effect that the appellant/ original petitioner was served with the order of reprimand.

5. It appears from the record of the appeal that the learned Single Judge also got the same verified by arraying the Director, Forensic Science Laboratory, Assam, as party respondent No.9 in the writ petition. The expert opinion in form of a report of FSL was placed on record of the writ petition before the learned Single Judge, which clearly revealed that the order of reprimand was served upon the appellant/original petitioner and the same was acknowledged by the appellant by putting his own signature. The learned Single Judge in totality of the facts was pleased to dismiss the petition and hence this appeal.

6. Ms. M. Singh, learned counsel appearing for the appellant/original petitioner reiterated the contentions, which were raised before the learned Single Judge and contended that the appellant has been harassed only because of the fact that he belongs to a particular caste. It was also contended by Ms. M. Singh, learned counsel appearing for the appellant/original petitioner that the appellant/original petitioner has been wrongly denied the benefit of Bhutan Compensatory Allowance and even though he fulfils all the requisites and his 5(five) years ACRs are without any adverse or negative remarks, the appellant/original petitioner has been wrongly denied the benefit of the same. On the aforesaid ground, Ms. M. Singh, learned counsel appearing for the appellant/original petitioner contended that the appeal requires consideration and the impugned judgment & order deserved to be quashed and set aside.

7. Mr. A.K. Dutta, learned Central Government counsel appearing for the respondent Nos.1 to 8 has supported the impugned judgment & order and has submitted that the appeal being meritless, deserves to be dismissed.

8. No other or further submissions, contentions or grounds have been raised by the learned counsels appearing for the respective parties.

9. Upon considering the contentions raised and on perusal of the impugned judgment & order, it clearly transpires that an order of penalty of severe reprimand was passed under Section 63 of the Army Act, 1950, which was duly communicated to the appellant/original petitioner. In fact the learned Single Judge