SHAMBU DHANDEO CHOUDHRY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the order of premature discharge dated 15.9.2000 and seeks the consequent relief of reinstatement. A further relief claimed for by the petitioner is to set aside the policy letter dated 18.12.1996 as also to set aside the award of punishment of fourteen (14) days of confinement to camp awarded to the petitioner on 15.9.1999.

(2.) The petitioner was enrolled in the Air Force on 10.5.1994 and during the tenure of his service got various black/red ink entries as an LAC. The petitioner was issued a show cause notice dated 18.9.1999 on the ground that during his total service tenure of five (5) years four (4) months and six (6) days he has been summarily tried and punished on as many as five occasions, which included four red ink entries and one black ink entry in addition to the show cause notice. The petitioner had been warned by the Commanding Officer in writing on 22.4.1999 to desist from acts of indiscipline any further since addition of a punishment entry would result in initiating of action of discharge from service. Despite this the petitioner had again indulged in an act of indiscipline on 1.5.1999 which had resulted in the award of punishment of fourteen (14) days confinement to the camp on 15.9.1999 by the Commanding Officer. Thus, the show cause notice was issued as to why the petitioner be not discharged from service.

(3.) The records show that a second show cause notice was also issued on 6.3.2000 asking the petitioner to show cause as to why he should not be discharged from service and subsequently the petitioner was discharged as per impugned order.