CHHATAR PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) Since the point involved was very short, therefore, petition was taken up for arguments. Heard and disposed.

(3.) Petitioner joined Rajputana Rifles Regiment on 23rd August, 1984. On account of his domestic problem he requested his discharge from service on 4th January, 1990. His request was acceded. He was discharged on 4th January, 1990. At the time of his discharge his over all assessment was recorded as "Good". Somewhere in January, 1993 he sought for re-enrolment because his domestic problem got solved. His request for re-enrolment was acceded to by the respondent. Respondent re-enrolled the petitioner in the Army (Defence Security Corps) on 27th February, 1993. However, on 29th September, 1993 respondent served the petitioner with a show cause notice as to why he be not prematurely discharged from the service, inter alia, on the ground that his military character was originally assessed as "Good" at the time of his discharge from service on 4th January, 1990 and not as "Very Good" which was the requirement for re-enrolment. He was thus not eligible for applying for re-enrolment. According to respondent for re-enrolment the assessment should have been "Very Good". Petitioner submitted reply to the show cause notice intimating that when he applied for re-enrolment his military character had already been assessed as "Very Good", therefore, he fulfilled all the conditions of re-enrolment. His request was not acceded, hence the present petition.