BHAGWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ of certiorari filed by the petitioner for quashing of order dated 11.02.1998 passed by the respondents terminating him from Army service.

(2.) A factual matrix of the case is as follows:- The petitioner in response to the application invited by the respondents for selection, joined the training w.e.f. 22.09.1995 at Shivpuri, Madhya Pradesh. As per the training schedule, the petitioner underwent the initial training at Shivpuri and subsequently at Ramgarh. During this period, the petitioner was also trained as Commandant. After completion of training at Ramgarh, the petitioner was called back to Shivpuri for completing the course as Radio Operator which was of duration of 11 months. The course for the Radio Operator commenced sometime in November, 1997. While undergoing the training in Shivpuri, he was served with a show cause notice dated 03.02.1998 which reads as follows:- <FRM>JUDGEMENT_361_ILRDLH16_2007Html1.htm</FRM> The petitioner gave reply to the above show cause notice which is at pages 48-49 of the paper book and a true English translation thereof which is at pages 50-51 of the paper book reads as follows:- <FRM>JUDGEMENT_361_ILRDLH16_2007Html2.htm</FRM>

(3.) The above reply to the show cause notice was considered by the disciplinary authority of the petitioner who after considering the same recorded his satisfaction that any further retention of the petitioner in the Force shall be highly undesirable and therefore passed the impugned termination order which is at pages 12-15 of the paper book.