KAMAL SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) . Petitioner was enrolled in NAVY as sailor on 8.8.1994 and put on training. After 20 days or so he was discharged by order dated 29.8.1994 under Navy Regulations 278. He challenges this on the ground that the order was founded on his misconduct, was penal in nature, cast stigma on him and was violative of principles of natural justice as no show cause notice was issued to him. He also claims that he was not discharged by the Captain of Training establishment and relies upon several Supreme Court judgements to suggest that he was entitled to show cause notice and prays for quashing of this order.

(2.) Respondents" stand is that he was fdund unsuitable by the Captain of the training establishments, INS Chilka during his training after he had failed to qualify the entry behaviour test in which he had obtained only 34% marks against the prescribed requisite standard of 50% marks. The discharge order was based on his weakness in academics and poor performance in basic training course and not on his misconduct or illness. It is explained he and 13 other trainees were found untrainable for Naval Service and were interviewed by the Commanding Officer who had found them unable to cope with the pace of training. On this, petitioner's discharge order was approved by the Captain, Training establishment.

(3.) All that falls for consideration is whether petitioner was required to be given any show cause notice before passing of order of discharge. The relevant provision of Regulation 278 reads thus:-