DHRUV JAKHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) W.P.(C) 5622/2020 & CM APPL. 20364/2020 (for interim stay)

(2.) The facts as are relevant for the disposal of the present petition are as follows. After clearing the Combined Defence Services (CDS) Examination conducted by the Union Public Service Commission (UPSC) and the interview conducted by the Service Selection Board (SSB), including medical fitness, the petitioner joined the Indian Military Academy (IMA) on 8th July, 2017 for his Pre-Commissioning Training to join the Indian Army as a Commissioned Officer. But it appears that his stay has not been very happy, as is evident from the averments. The petitioner was subjected to ragging and was admitted to the hospital from 17th July, 2017 to 26th July, 2017. On 27th July, 2017, he also filed a complaint against the ragging and the inhuman treatment that he had been subjected to by his seniors.

(3.) This seems to have been a harbinger for things to follow. Even as per the petitioner, he was subjected to punishments for various infractions, right from the First Term of six months. In routine, the petitioner should have passed out after completing his course as a Commissioned Officer in a year and a half, by the end of 2018. He did complete his First Term successfully and was promoted to the Second Term along with his batch-mates in the 143rd Regular Course IMA. However, a week before the Second Term came to an end in May 2018, the petitioner was served with a Notice to Show Cause as to why he should not be 'Relegated' for having accumulated 60 Restrictions in two terms from 8th July, 2017 to 30th May, 2018. Despite his reply, the petitioner was 'Relegated' and completed his Second Term after repeating it, with the 144th Regular Course IMA.