MALAY SENGUPTA, A. C. J.

( 1 ) IT is a petition under article 226 of the Constitution of india challenging an order of transfer and also urging for an appropriate-writ directing investigation by any independent agency into the allegations made by the petitioner.

( 2 ) THE fact of the case is short but not very simple. The petitioner is a defence personnel with the rank of Lt. Colonel. He is posted as Commandant in 17 Assam Rifles located at Pegong within North Sikkim with the charge of Second-in-Command and Drawing and disbursing Officer. He is so since 15. 2. 1995. The respondent Nos. 3 and 4 are one and the same. He is the Commandant of 17 Assam Rifles. The respondent No. 2 is in overall charge of the Assam Rifles as its Director general. The Commandant (respondent no. 4) left the station on temporary duty to shillong and the petitioner had to take over charge from him of the office of Commandant with effect from 18. 3. 1996 (forenoon ). Respondent no. 4 returned from such temporary duty in the afternoon of 30. 3. 1996 and took over charge of the Commandant from the petitioner.

( 3 ) UNDER the petitioner or the respondent No. 4 were the respondent Nos. 7 and 8. They were of the ranks of Assistant Commandant and Sub. Major respectively. Respondent No. 7 was holding the post of engineer Officer and Quarter Master at Pegong while respondent No. 8 was to handle cash and to deal with government treasury at the same station. Respondent No. 8 proceeded on leave with effect from 23. 3. 1996 and during his period of leave respondent No. 9 took over charge- of the office and duties of respondent No. 8, and the responsibility of cash etc. , kept in the Regimental Treasury chest, fell on the respondent No. 9. Formal handing over of charge between respondent nos. 8 and 9 took place on 23. 3. 1996. At that time both these respondents reported to the petitioner that the cash in the treasury: chest was verified and found correct. In the charge report there was no indication of any unaccounted for amount lying in the chest.

( 4 ) SUDDENLY on 25. 3. 1996 (afternoon) the respondent No. 9 reported to the petitioner that under the instruction of respondent No. 7 he took out a sum of Rs. 50. 000/- from the chest and handed the same over to one Shri samdup Lepcha on the forenoon of 24. 3. 1996. On further query from the petitioner the respondent no. 9 disclosed that existence of a sum of Rs. 1,15. 000. 00 in the chest was intimated to him by respondent No. 8 on 23. 3. 1996 at the time of taking over and making over of the charge. It was stated to respondent No. 9 that the amount belonged to M/s. Kamlesh Trading Company, Siliguri for making over the same to Shri Samdup lapcha. The amount was accordingly kept in the regimental chest though it was not reflected in the register itself. This fact was known to respondent Nos. 4, 5, 6 and 7 but the petitioner, though in overall charge of the regimental chest, was kept in complete darkness. The respondent No. 9 stated the above fact in writing and noted that Rs. 50,000. 00 was paid to Samdup Lepcha on 24. 3. 1996 and the balance of Rs. 65,000. 00 was still lying in the chest.

( 5 ) THE petitioner could gather on preliminary enquiry that an order was placed with m/s. Kamlesh Trading Company for supply of wood. He could not supply the wood in terms of the supply order but he made some arrangements with the knowledge and consent of the authorities other than the petitioner,to get the goods supplied from Shri samdup Lepcha against payment which was to be made by M/s. Kamlesh Trading Company and for that purpose he paid the aforesaid sum of Rs. 1,15,000. 00 initially to respondent No. 5 on 17. 3. 1996. The amount then reached the chest through respondent nos. 6, 7, and 8. The petitioner, however, was not informed about such a transaction and arrangement. The respondent No. 4 had full knowledge about the same.

( 6 ) ON 29. 3. 1996 the petitioner made a written complaint to the Commandant who came down to Siligu

Click Here to Read the rest of this document