BABU RAM EX RECRUIT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as a soldier in the army on 26.4.1994. He joined the training in PL-7 Sakardu Training Company, at the Jammu and Kashmir Rifle Regimental Centre under the command of Major H.S. Bhagat, respondent No. 3.

(2.) According to the petitioner, on 10.9.1994, L/Hav. Ashwani Patiyal under the threat of physical punishment, and mental torture forced him to sign some papers which were used as application for discharge. It is alleged that on 10.9.1994, Maj. H.S. Bhagat recommended discharge under Rule 13(3) item IV on compassionate ground although there was no provision of discharge the petitioner on compassionate ground in the Rules.

(3.) On 16.9.1994, Battalion Commander Col. K.K. Chandal recommended discharge of the petitioner. The petitioner made representation to Hav. Rudra Khawas against his alleged request for discharge immediately after he had learnt about the same. It is the case of the petitioner that he was not given discharge certificate for quite some time and he had to send a number of representations. Ultimately, on 10.3.1995, the discharge certificate was delivered to the petitioner indicating that he was discharged under Army Rules 13(3) IV on compassionate ground.