RAMACHANDRAN Vs. OFFICER COMMANDING

JUDGEMENT

(1.) THE petitioner challenges his discharge by Ext. P3 from the Army under R. 13 Item IV of the Table for the Army Rule and its affirmation in Ext. PS. He submits that the discharge was arbitrary and violative of principles of natural justice in that his service was terminated without disclosing to him the reasons for such termination.

(2.) THE petitioner enrolled in the Artillery Regiment an 18-1-1981, got training in Hyderabad and pasted recruits' training in October 1981, as is evident from Ext. P1. Later, he obtained Ext. P2 certificate of technical proficiency in the trade of driver. He was thereafter assigned to the Nasik Road Camp of 841, Independent light Battery. Ext. P2 contained notes to the effect that: " (1) THE above certificate does not entitle the individual to be mustered in that category by right. (2) An Individual must obtain all the requisite qualifications vide Qualification Regulations for the soldiers, 1958 to be eligible to be mustered permanently in the class for which this certificate is granted".

(3.) THE point which really requires an answer is whether the defence services can desist from giving detailed reasons or any reason at all for discharge of an enlisted person at the time of attestation? THE next question will be whether in an appeal which is competent under the Army Rules, the appellate authority is not bound to advert to the grounds raised by the aggrieved person in his appeal?