PRATAP SINGH Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) Having been awarded 5 red ink entries between the years 1986 till 2000 and after issuing a notice to show cause and enabling the petitioner to submit his response to the proposed action of his being discharged from service, the competent authority passed an order that retention of petitioner in service was not warranted, resulting in the petitioner being discharged from service with pension benefits.

(2.) Petitioner questions his name being struck off from the strength of the Indian Army with effect from 7.8.2000. Challenge was by and under W.P.(C) No.5346/2000 which has been dismissed vide order dated 8.4.2002. Said order is under challenge in the instant appeal.

(3.) It may be noted that in August 1997 a show cause notice was issued to the petitioner requiring him to respond to the proposed action of his being discharged from service under Army Rule 13(3) Item III (4). The action was proposed on the fact that till 1997, 4 red ink entries pertaining to 4 misdemeanours for which petitioner was severely reprimanded were inflicted upon him in the month of May 1986, May 1987 as also in the month of June 1996 and April 1997.