JAY SHIV KUSHWAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri G. D. Mukherji, counsel for the petitioner and Sri S. K. Srivastava. Additional Standing Counsel appearing for the respondents.

(2.) By this writ petition, the petitioner has prayed for quashing the discharge order dated 23rd December, 2001. Further a writ of mandamus has been sought directing the respondents to reinstate the petitioner in service and allow him to undergo advanced training with his subsequent batch.

(3.) The facts of the case as given in the writ petition are; the petitioner was enrolled in Indian Army as Recruit Gunner on 14th March, 2001 and reported for training on 16th March. 2001 in Artillery Centre, Hyderabad. It is stated that he left the training unit on 20th September, 2001 and came back to his home. The petitioner's parents and well wishers took him back to Hyderabad to report at Artillery Centre. Hyderabad. When the petitioner re-joined on 12th November, 2001, after being absent for 53 days; 10 days rigorous imprisonment under Section 39 (a) of the Army Act, 1950 (hereinafter referred to as Army Act) was awarded to the petitioner. The petitioner was discharged from service with effect from 22nd March, 2001 under Rule 13 (3) Item IV of the Army Rules. 1954 (hereinafter referred to as Army Rules). The petitioner filed Writ Petition No. 5526 of 2002, Jay Shiv Kushwaha v. Union of India and Ors., challenging his discharge order. The writ petition was v dismissed on the ground that petitioner has alternate remedy of filing statutory complaint under Section 26 of the Army Act. The petitioner claims to have sent statutory complaint dated 18th February, 20O2, through his counsel copy of the said complaint has been filed as Annexure-3 to the writ petition.