CAPT. RAJINDER NATH KUMRAH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution of India the petitioner is seeking to challenge the order dated 18th Dec., 1969 whereby he was removed from the Territorial Army.

(2.) The petitioner was enrolled under section 6 of the Territorial Army Act, 1948. On 7th Feb., 1955 he was commissioned as Second Lieutenant. At the time when the impugned order was passed he was holding the rank of substantive Lieutenant and enacting Captain in the Territorial Army. At that time he also held a civil post under the Union of India, namely, he was working in the office of the Director, Audit and Accounts, Post and Telegraphs, Delhi.

(3.) It is not relevant to give the history of the petitioner's services career in the Territorial Army. For the purpose of the present petition the only fact which is relevant is that a show cause notice dated 21st March, 1967 was served by the respondents on the petitioner. This notice purported to be under Rule 15 of the Army Rules read with T. A. Rule 14 (c). The said show cause notice read as under:-