Rakesh Meena vs Union Of India & Others

L. Narasimha Reddy, J

The applicant is working as Garrison Engineer in the New Amritsar Military Station (NAMS). He was put on Disciplinary & Vigilance ban (D&V ban) ever since 2015. A complaint was filed which in turn is causing hardship to him in his service. This OA is filed with a prayer to declare the action of the respondents in keeping and continuing the applicant under D&V ban as arbitrary and illegal, to direct the respondents to lift the D&V ban and to give vigilance clearance to him.

The OA was listed earlier also. The respondents were directed to file their reply. In their reply, the respondents have stated that serious irregularities were noted on part of 14 officers including the applicant and after thorough examination, the charge memo was issued to the applicant on 23.02.2021.

We heard Mr. Yashpal Rangi, learned counsel for the applicant and Mr. Vijender Singh, learned counsel for the respondents.

The applicant was kept under the D&V ban and that was on account of alleged involvement in certain irregularities. The applicant was not alone in this behalf and there were 13 more officers. It is no doubt true that continuing an officer for such a long time under D&V ban would be impermissible. If the allegations are serious, they must entail issuance of charge memo. Though with some delay, the respondents have issued a charge memo during the pendency of the OA.

We, therefore, dismiss the OA leaving it open to the applicant to take part in the disciplinary proceedings that commenced with the issuance of the charge memo dated 23.02.2021 and to take necessary steps vis-à-vis the charge memo.

Pending MA also stands disposed of.

There shall be no order as to costs.