The Hindu : Karnataka / Bangalore News : Notice issued to Army chief on retired officer's plea

Online edition of India's National Newspaper
Friday, Dec 09, 2005

Karnataka

Karnataka - Bangalore

Notice issued to Army chief on retired officer's plea

Staff Reporter

HIGH COURTROUND-UP Contempt petition filed against General J.J. Singh

BANGALORE: The Karnataka High Court on Thursday ordered issue of notices in a contempt petition to the Chief of the Indian Army General J.J. Singh, and other respondents on a petition by a retired officer of the elite Brigade of the Guards.

According to the petitioner, Colonel Bhupinder Singh (retired), he was commissioned on April 24, 1966 in the Guards.

He had served in various wars, field areas and also on peace assignments. Besides, he had also commanded an Infantry Battalion in high altitude.

The petitioner said he was born on January 1, 1944 and was to retire when he was 52 years of age. He was retired on December 31, 1955, a day earlier to his date of birth. This, he said, was due to an erroneous working of his retirement age. Col. Singh said he lost out on retirement benefits of the Fifth Pay Commission.

The benefits had come into effect on January 1. He said he had challenged this in a writ petition and a single judge had allowed it.

The single judge had on July 28, 2005 directed the authorities to consider within three months the request of Col. Singh of the date of retirement and provide the monetary benefits as per the law. The petitioner said his representation had not been considered and this constituted wilful contempt of the court. Hence, the civil contempt petition. A Division Bench comprising Justice V. Gopala Gowda and Justice Ashok Hinchegeri ordered issue of notices to the Defence Secretary, the Army Chief, and Additional Director-General of Personnel Services (Adjutant General branch) C. Arsakumar. It adjourned further hearing on the petition.

Set aside

Justice N. Kumar has set aside an order of the Education Appellate Tribunal directing the State Government to approve the services of a peon in a high school in Koratagere in Tumkur district.

In its appeal, the Government said in 1984 it had permitted a society to start a high school in Sidartha Bette in Koratagere, Tumkur district. It had later approved a list of teaching and non-teaching staff for the high school. The high school later submitted another list of teaching and non-teaching staff which it wanted to be approved.

The Government, however, rejected it. In 1992, a peon, H. Narasappa, sought Government approval for the post he was holding. When this was rejected, he approached the Education Appellate Tribunal which allowed his application and directed the State Government to approve his post.

The Government appealed in the High Court against the tribunal order. Mr. Justice Kumar allowed the appeal, saying that the tribunal had no jurisdiction to pass such an order.

Remitted

Justice Manjula Challur set aside an order of a lower court acquitting a sub-registrar of offences under the Prevention of Corruption Act.

A woman sub-registrar of Kundapur had been booked under the Act. On December 31, 1998, the Special Judge, Dakshina Kannada, had acquitted her of the offences under Section 13 (1) (0) and Section 13 (2) of the Act.

The State appealed against the acquittal and said the prosecution had not been given an opportunity to establish its case before the trial court.

Ms. Justice Challur allowed the appeal, set aside the acquittal and remitted the matter to the trial court.

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