RAM CHARAN GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal arises out of the order passed by the learned Single Judge dismissing the writ petition filed by the appellant challenging his order of discharge from service issued by the Army Authorities by invoking the provisions of Army Rule 13 (iii) (v ).

(2.) THE appellant herein was enrolled as a Signalman in the Corps of Signals of the Indian Army on 20th January, 1984. The appellant was issued a show cause notice on 19th May, 1993. The appellant was informed by issuing the aforesaid show cause notice that he had been given five punishments during the course of nine years of service. It was also stated in the said notice that he was not considered fit for further retention in the Army. It was also intimated, in the said show cause notice to show cause, why he should not be discharged from service as undesirable under Army Rule 13 (iii) (v ).

(3.) THE appellant submitted his reply on 24th May, 1993 to the aforesaid show cause notice and by order dated 4th June, 1993 the appellant was discharged from service. An appeal filed against said order was dismissed on 6th April, 1994. Subsequently a writ petition was filed, which stands dismissed, consequent upon which the present appeal is filed. In the appeal the order of discharge is challenged on the ground that the same is punitive and stigmatic. It is also submitted that since the aforesaid order of discharge is punitive, the same is required to be quashed also on the ground of causing double jeopardy in the case of the appellant inasmuch as the appellant has already been punished in respect of the offences / misconduct which are cited as instances in the show cause notice and, therefore, punishment of termination / discharge of the appellant amounts to double jeopardy and was issued in violation of the provisions of article 20 (2) of the Constitution of India.