CAPT SATENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri S. C. Budhwar, learned senior counsel, Sri V. Budhwar learned counsel for the petitioner and Sri Sandeep Saxena, learned counsel for the respondents.

(2.) The petitioner has challenged the impugned order dated 21.9.2001 (Annexure-13 to the writ petition) by which the petitioner has been compulsorily retired from the Army. The petitioner has also challenged the impugned order dated 4,11.2001 (Annexure-14 to the writ petition).

(3.) The petitioner was a Captain in the Indian Army and during his service, he received a show cause notice dated 11.9.1997 (Annexure-1 to the writ petition). By this impugned notice, he was asked to show cause why his service be not terminated orsubmit his voluntary retirement under Rule 13 (A) of the Army Rules. Thereafter, respondent No. 1 has sent another show cause notice dated 5.7.2000 (Annexure-9 to the writ petition) by which the petitioner was asked to submit papers either for retirement or resignation. The petitioner sent his reply/ representation dated 2.8.2000 vide (Annexure-10 to the writ petition). Thereafter the impugned order dated 21.9.2001 vide (Annexure-12 to the writ petition) was passed by which the petitioner has been retired from service vide (Annexure-13 to the writ petition). Aggrieved by this impugned order, the petitioner has filed the present writ petition before this Court.