SUBHASH JUNEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) As the facts involved in both the writ petitions arc similar and the issues raised before us are identical in nature, we propose to dispose of both these writ petitions by this common judgment and order.

(2.) In this writ petition, the petitioner has challenged the order of termination passed against him on 3.3.1980 by the Government of India terminating his services in exercise of the powers vested under the provisions of Section 18 of the Army Act. In this writ petition, substantially two reliefs are sought for by the petitioner - the first relief being for quashing of the order dated 3.3.1980 by which the services of the petitioner was terminated and the other being that he be declared to be entitled for all benefits with respect to payment of salary, pension and all other benefits as if he continued to be in service upto the date of his superannuation. Apparently, therefore, the second relief sought for by the petitioner in this writ petition is dependent and consequent upon the view taken by this court on the first relief sought for by the petitioner in the present writ petition.

(3.) Incidentally it may be mentioned that the present petitioner also filed a writ petition earlier challenging the said impugned order which was registered and numbered as writ petition No. 422/1980. On perusal of the contents of the aforesaid writ petition, it appears that in the said writ petition also the petitioner challenged and sought for quashing of the order dated 3.3.1980 whereby his service was terminated invoking the provisions of Section 18 of the Army Act. On a comparison of the contents of both the writ petitions, it is found that in the earlier writ petition also the petitioner challenged the validity of the order dated 3.3.1980 on the ground of the same being not in conformity with the provisions of the Army Act including the provisions of Section 18 of the Army Act read with Army Rules 14 and 15. The further grounds of challenge were in respect of violation of the principles of natural justice in passing the aforesaid order and also on the ground that the said order was passed malafide. The Division Bench of this Court on 21.4.1980 dismissed the aforesaid writ petition by recording the following order: