JAGLAL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner challenges the legality and validity of the order dated 23.9.2005 vide which the petitioner was discharged from service on the ground that he is unlikely to become an efficient soldier on disciplinary grounds.

(2.) The petitioner had cleared the written test on 30.3.2003 whereafter he appeared before the Recruiting Officer, Amethi, Sultanpur, U.P. on 2.7.2003. During the course of his training, the petitioner was served with a warning letter dated 21.8.2004 requiring him to improve on his performance. On 29.9.2005 the petitioner was discharged from the military service. According to the petitioner, this action on the part of the respondents was arbitrary, discriminatory and without any basis.

(3.) Aggrieved from the said order, the petitioner filed a writ petition (CWP No. 576/2002) in the Allahabad High Court (Lucknow Bench) which was dismissed by the said High Court vide its order dated 23.1.2006 which reads as under:-