BABU LAL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been filed impugning the order dated December 15, 2011 passed by the Armed Forces Tribunal in OA No. 04/2009, wherein the Tribunal had dismissed the said Original Application, holding that no interference was warranted as there was no infirmity or illegality in the pre -mature discharge of the petitioner from service.

(2.) THE brief facts relevant for adjudication of the present petition are that the petitioner was enrolled in the army on January 11, 1999 as Sepoy (Infantry). Upon successfully completing his training the petitioner was posted to 11 Kumaon Regiment and during this period of service the petitioner served in the 26 Rajputana Rifles during CI operations for a period of two years.

(3.) SOMETIME later, in the month of September 2007, to the shock and surprise of the petitioner he was informed that his discharge had been sanctioned vide order dated July 13, 2007. Thereafter the petitioner requested the Commanding Officer for a personal interview but the said request was denied. It was contended that the petitioner was also not allowed to make any representation against the order of discharge and was forcibly struck off from the strength of 11 Kumaon Regiment sometime in the first week of January 2008 and was detailed to report to the Kumaon Regimental Centre for completing the discharge drill. Upon reaching the Kumaon Regimental Centre the petitioner once again sought an audience with the Commanding Officer who assured him that his case will be taken up with his respective unit but the same did not prove fruitful and the petitioner was told to proceed on discharge w.e.f February 01, 2008.