RAJBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Army on 7th of December, 2000. He reported at BRO, Meerut to undergo basic military training for the post of Soldier Clerk(General Duty). He completed his basic military training on 19th of May, 2001, whereafter he was granted 14 days recruit leave with effect from 20th of May, 2001 to 4th of June, 2001. The next recruit clerk training course was scheduled to start with effect from 27th of August, 2001. The petitioner was yet to undergo a 32 weeks technical training, which was to commence post basic military training before he could qualify for appointment as Soldier Clerk(General Duty). On 17th of August, 2001, a proficiency and aptitude test, in pursuance of an Army Headquarters letter No.2030/ACTS/Inf-2 dated 13.7.2001 was conducted. This was aimed at adjudging the petitioner's aptitude for clerical cadre. The petitioner, however, failed in that test. Notwithstanding his failure in clearing the said Proficiency and Aptitude Test, on 27th of August, 2001, the petitioner was sent for technical training for Soldier Clerk(General Duty), which was to last for 32 weeks. A second Proficiency and Aptitude Test was held on 3rd of September, 2001. But the petitioner once again failed to clear that test.

(2.) A show-cause notice dated 7.10.2001 was served on the petitioner calling upon him to show cause as to why he should not be discharged from service for " lack of academic aptitude and unlikely to become an efficient soldier". The petitioner submitted his reply to the said show-cause notice stating that having already qualified for appointment as Soldier Clerk(General Duty) at the time of his recruitment by BRO, Meerut and having successfully undergone basic military training, contemplated discharge from service was not justified. It was also added that in the event of his not being considered for appointment as Soldier Clerk(General Duty), the petitioner could be considered for appointment in some other trade instead of discharging him from service. The petitioner was, however, eventually discharged from service w.e.f. Jan 1, 2002.

(3.) Aggrieved by his discharge, the petitioner approached this Court by way of present writ petition for quashing the impugned order of discharge and for his reinstatement in service with all consequential benefits, apart from being allowed to complete his technical training as Soldier Clerk(General Duty).