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2001 Supreme(All) 853

ASHOK BHUSHAN
M. Z. H. KHAN – Appellant
Versus
CHIEF OF ARMY STAFF, NEW DELHI – Respondent


Advocates Appeared:
ASHOK KUMAR, S.BANERJI, S.N.SRIVASTAVA

ASHOK BHUSHAN, J.

( 1 ) HEARD Colonel Ashok Kumar (Rtd.), advocate for the petitioner and Sri S. Banerji, advocate for the respondents. Counter and rejoinder-affidavits have been exchanged and with the consent of the parties, the writ petition is being finally decided.

( 2 ) THIS writ petition has been filed by the petitioner praying for a writ, order or direction to the opposite parties to reinstate the petitioner with all consequential benefits. A further writ in the nature of certiorari has been prayed for summoning the records of entire case including the final result as contained in Annexure-15 and to quash the same. It has further been prayed that a direction be issued to Central Bureau of Investigation to investigate the matter and order respondent No. 5 to make payment of compensation to the petitioner.

( 3 ) THE facts of the case as emerge from the pleadings of the parties are ; that the petitioner was enrolled on 25th October, 1980 and earmarked for Army Service Corps. Petitioner was posted on 6. 8. 1994 at 680 (I)/tk/tptr P1 whose Officer Commanding was Col. P. Bhatnagar. Petitioner states that on 6. 8. 1994 he was on Sentry duty on main gate at around 23 hours a civil t









































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