SHISH RAM Vs. UNION OF INDIAN

JUDGEMENT

(1.) THE ISSUE THAT ARISES FOR OUR CONSIDERATION IN THE PRESENT WRIT PETITION IS WHETHER THE PETITIONER HAVING BEEN TRANSFERRED TO RESERVIST ESTABLISHMENT CEASED TO BE A SERVING PERSONNEL AND CONSEQUENTLY COULD NOT HAVE BEEN DISMISSED FROM SERVICE UNDER THE PROVISIONS OF SECTION 20 (3) OF THE ARMY ACT. IN SUPPORT OF THE SAID PLEA THE PETITIONER HAS RELIED UPON REGULATION 206 OF THE DEFENCE SERVICES REGULATIONS AND ALSO ON REGULATIONS 151, 156, AND 213 OF THE SAID REGULATIONS. IN ORDER TO APPRECIATE THE AFORESAID PLEA, WHICH IS RAISED IN THIS WRIT PETITION, NARRATION OF FEW FACTS LEADING TO FILING OF THE PRESENT PETITION IS CONSIDERED NECESSARY.

(2.) THE PETITIONER WAS ENROLLED IN THE INDIAN ARMY ON 28TH JUNE, 1963 WITH THE TERMS OF ENGAGEMENT REQUIRING HIM TO COMPLETE 10 YEARS OF SERVICE IN COLOUR AND THE REMAINING 10 YEARS IN RESERVE SERVICE. ON 24TH JULY, 1974 THE PETITIONER WAS TRANSFERRED TO THE RESERVE ESTABLISHMENT. IN THE AFORESAID MANNER, THE PETITIONER WAS CALLED FOR AND HE ATTENDED BIENNIAL RESERVIST TRAINING. ON 20TH JANUARY, 1978 THE PETITIONER WAS AGAIN CALLED FOR BIENNIAL RESERVIST TRAINING FOR THE PERIOD FROM 5TH JUNE, 1978 TO 2ND JULY, 1978 BY THE O.C. RESERVIST, BY SENDING A REGISTERED LETTER TO THE PETITIONER ON 20TH JANUARY, 1978. THE PETITIONER, HOWEVER, FAILED TO ATTEND THE SAID TRAINING. ON 16TH MAY, 1978 AGAIN ANOTHER REGISTERED LETTER WAS ISSUED TO THE PETITIONER BY THE O.C. RESERVIST ESTABLISHMENT DIRECTING THE PETITIONER TO REPORT FOR TRAINING ON 19TH JUNE, 1978. THE PETITIONER ALSO DID NOT REPORT AND DID NOT ATTEND THE AFORESAID TRAINING. ON THE FAILURE OF THE PETITIONER TO REPORT FOR TRAINING HE WAS DECLARED A DESERTER AS HE ABSENTED HIMSELF FROM TRAINING WITHOUT LEAVE. ON 3RD JULY, 1978, AN APPREHENSION ROLL WAS ISSUED BY THE O.C. RESERVIST TO THE SUPERINTENDENT OF POLICE, MAHINDERGARH (HARYANA) BY A LETTER OF EVEN DATE WITH A REQUEST TO APPREHEND THE ARMY RESERVIST, BEING DESERTER.

(3.) SOME TIME IN APRIL, 1979 THE RESPONDENTS CAME TO KNOW THAT THE PETITIONER WAS SERVING WITH DELHI TRANSPORT CORPORATION AT MAYA PURI DEPOT AS A DRIVER. ON 24TH APRIL, 1979, THE RESPONDENTS DIRECTED THE PETITIONER TO REPORT FOR O.C. RESERVIST TRAINING BY A LETTER OF EVEN DATE. THE PETITIONER, HOWEVER, AGAIN FAILED TO REPORT FOR SAID TRAINING. THE RESPONDENTS BY LETTER DATED 11TH JUNE, 1979 APPROACHED THE DELHI TRANSPORT CORPORATION TO FORWARD A CERTIFICATE IN RESPECT OF THE PETITIONER FOR EXEMPTION FROM RESERVIST TRAINING IN THE EVENT HE WAS WORKING AS A DRIVER AND WAS EFFICIENT IN HIS TRADE. ON 25TH JULY, 1979 O.C. RESERVIST ESTABLISHMENT ADVISED THE PETITIONER TO APPROACH THE DEPOT MANAGER, DTC SO THAT THE REQUISITE CERTIFICATE EXEMPTING HIM FROM RESERVIST TRAINING COULD BE FORWARDED TO THE ESTABLISHMENT BY 15TH AUGUST, 1979. THE PETITIONER NOT ONLY FAILED TO REPORT FOR RESERVIST DUTY BUT ALSO FAILED TO OBTAIN EXEMPTION CERTIFICATE FROM THE DTC AND, THEREFORE, HE WAS DISMISSED FROM SERVICE UNDER THE PROVISIONS OF SECTION 20 (3) OF THE ARMY ACT ON THE GROUND THAT HE HAD BEEN DECLARED AS DESERTER W.E.F 19TH JUNE, 1978.