SIGNALMAN TEJPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in Corps of Signals as Clerk (GD) on 7th March, 1991. In March, 1999, the petitioner was placed in low medical category CEE (Temporary) for Alcoholic Dependence Syndrome. He did not improve much and in March, 2001 he was placed in low medical category BEE (Temporary) for the same disease and was posted to 2 Corps Signal Regiment (AREN) where he was tried summarily and punished on four occasions in relation to alcoholic related offences by respondent No.5. Show cause notice was issued to him on 3rd November, 2000 by respondent No.5. In furtherance to said show cause notice, vide order dated 12th December, 2000 the respondent No.5 recommended discharge of the petitioner. The petitioner was interviewed by Chief Signal Officer HQ 2 Corps. Another show cause notice was issued on 7th March, 2001 on behalf of respondent No.4. The petitioner submitted his reply on 28th March, 2001. However, the petitioner was discharged from service on disciplinary grounds and not on medical grounds on 21st September, 2001. Aggrieved from this action of the respondents, the petitioner served a legal notice dated 4th December, 2001 upon the respondents. However, no relief was granted to the petitioner. The petitioner filed a writ petition bearing No.5292/2002, which was withdrawn by him on 23rd August, 2002 with liberty to file fresh writ petition as challenge to order dated 27th February, 2002 was not included by oversight. On these averments the petitioner prays in the present writ petition under Article 226- 227 of the Constitution of India that his discharge/termination from service is illegal and is not in compliance with Rule 13(3) Item III(V). He prays that discharge certificate dated 21st September, 2001 along with order dated 27th February, 2002 passed by Signal Officer-in-Chief on behalf of respondent No.2 be quashed and in terms of policy on Management of Medical Examination of JCOs/ORs, annexure P-1 to the petition, the petitioner should be granted benefit of invaliding pension and status of Ex-serviceman. According to respondents, the petitioner was Regular Offender of alcoholic related offences and his behaviour was abnormal. He was even subjected to psychiatric treatment but there was no improvement. The petitioner was given each and every possible advice and assistance, and all possible restrictions were imposed on him, which would be helpful to protect his life, health as well as his military career, however none of them yielded any fruitful results. Imprisonments were also imposed on the petitioner but of no consequence. During the medical examination, the Re-categorisation Board had recommended that he be invalided out of service. However, the medical authorities continued the individual in medical category BEE (Temporary) for another 6 month. Finally in accordance with provisions of Army Act 20(3) read with Army Rule 13 and 17, the petitioner was ordered to be discharged from service being undesirable to the organisation. It will be appropriate to refer to the stand taken by the respondents in the very opening of their counter affidavit, which reads as under :-

(2.) That the petitioner was a habitual drinker probably prior to joining the Army. It is submitted that the petitioner was committing offences very frequently under Army Act 48(i) of Intoxication right from joining his first active unit on completion of basic as well as technical trade training. Details of such offences and punishment awarded are given as under :- <FRM>JUDGEMENT_1409_ILRDLH15_2006Html1.htm</FRM>

(3.) It is pertinent to mention here that the authorities in the Army are not basically meant for awarding punishment to their men serving under them. Though the punishment is not an only ultimate means to maintain a high standard of Military discipline but is often helpful in doing so. It is further submitted that it is not the case that the petitioner was straight away awarded punishment, he was in fact advised/Counselled for avoiding excessive use of alcohal before exercising the powers conferred on the Army authorities.