NARAIN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave to appeal is granted.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 6.2.2015 passed by the Armed Forces Tribunal Bench at Jaipur, Rajasthan in T.A. No. 2 of 2011, by which the learned Tribunal has dismissed the application preferred by the appellant herein and has confirmed the order passed by the respondents discharging the appellant from service under Rule 13(3)(III)(v) of the Army Rules, 1954, original applicant has preferred the present appeals.

(3.) The appellant was enrolled in the Indian Army as a Driver on 15.10.1980. He was promoted as ALD and lastly granted the rank of Lance Dafedar. That the appellant suffered four red ink entries during the period between 7.6.1993 and 3.5.1994. That for every red ink entry he was separately punished. That the respondents discharged the appellant under Rule 13(3)(III)(v) of the Army Rules from the Army solely on the ground of four red ink entries. At this stage, it is required to be noted that the appellant came to be discharged when he had served for 13 years 7 months and 6 days and before he could complete the pensionable service. That the appellant was discharged from service 1 year 5 months and 24 days before he could complete pensionable service. That the appellant challenged the order of discharge before the Armed Forces Tribunal. By the impugned judgment and order, the learned Tribunal has dismissed the said application. The appellant thereafter preferred the review application, which also came to be dismissed. Hence, the present appeals.