SUB T APPUNI Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Central Government Counsel appearing for the respondent.

(2.) IT has been stated that the petitioner was recruited to the Indian Army, on 16.2.68. After he had undergone the necessary training, he was posted to the 8 Madras Battalion at Nagaland, in the year 1969. Thereafter, he was promoted as a Subedhar Major. On 20.9.86, he was posted to the I.R.O. Independent Regiment, Delhi Cantonment. Thereafter, he was sent back to the 8 Madras Battalion.

(3.) ACCORDING to the letter submitted by the petitioner in the month of November, 1992, he had accepted the charges and he had sought for a lenient treatment. Thereafter, the Chief of Army Staff, the respondent herein, by an order, made in No.C/04340/DV-3, dated 4.3.93, exercising his power, under Section 20(i) of the Army Act, 1950, read with Rule 17 of the Army Rules, 1954, directed the dismissal of the petitioner from service. Thereafter, the petitioner had filed a writ petition before this Court in W.P.No.8391 of 1994, challenging the order of dismissal passed by the respondent, on 4.3.93. The said writ petition had been disposed of by this Court, on 12.7.2001, directing the petitioner to file an appeal against the impugned order, within a period of three months from the date of receipt of a copy of the order.