R S BALJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order of discharge dated 22.2.1994 on the ground that the respondent should have passed the order of discharge after taking into consideration the ACRs which have not been considered. The matter was argued before the DB on the 18th of September, 1996 and the Division Bench has passed the following order:

(2.) The factual position, as noticed by the DB, is not disputed and it was not challenged. On the 18th of October, 1996, the Division Bench passed the following order:

(3.) Learned Counsel for the respondents states that the order was not brought to the notice of the respondents. Mr. Bagai, learned Counsel for the petitioner, submits that from the order of the Division Bench passed on the 18th of September, 1996 the factual position is very clear and cannot be challenged by the respondents that while passing the order of discharge, they should have to take into account the extraneous matters. Mr. Bagai relied upon the judgment of Justice J.K . Mehra passed in CW. 3005/94 titled as "Shri Surendra v. Union of India & Another" dated 24th of May, 1996, which, according to learned Counsel for the petitioner, the dictum laid down there would govern this case.