RAHUL SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner having graduated in Medical Science in the year 1982 from the King George Medical College, Lucknow, was lucky enough having got an employment in Army. He was given a short service commission. All was going well as he was promoted as Major on 4.6.88. The young doctor while seeking entry in the Army Commission and having happily, hopefully and successfully served the army for about 10 years could not have anticipated a change in his family circumstances which would persuade rather compel him in resigning from the army.

(2.) On 22.3.93 he filled-up the prescribed proforma and submitted it as his application for resignation (Annexure P-1). Vide Section II of the application the petitioner has stated the following grounds in support of his application for resignation.

(3.) The petitioner also appended a certificate to the application stating that he was resigning from his commission voluntarily and unconditionally without any terminal benefits and obligation to serve in the regular Reserve of Officers. The petitioner was not involved in any disciplinary/vigilance cases. The Colonel Commanding Officer made a personal .review of the petitioner's request for resignation on compassionate grounds and felt satisfied that they were valid. He recommended and forwarded the application. On 30.11.93, the petitioner was informed that his request of resignation was not agreed toby the Adjutant General. On 6.6.94, the petitioner made yet another application and the subsequent story is the same as it was with the earlier application upto the Colonel Commanding Officer having personally reviewed and satisfied himself of the validity of the petitioner's prayer and having recommended and forwarded the same.