RECT SHILESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the instant petition the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing Annexure-4 to the writ petition whereby he has been discharged from Army Services pursuant to the proceedings of Summary Court Martial against him. A further relief has been prayed for, for issuance of a writ in the nature of mandamus commanding the opposite parties to reinstate him with his original seniority and full back salary and other allowances as if the petitioner had never been dismissed from service. The action of the opposite parties has been challenged on the ground that proceedings of Summary Court Martial are not supported by the summary evidence and it is nowhere established that the petitioner had furnished false address knowing it to be false. Another ground of challenge is that the impugned action of the opposite parties in discharging the petitioner from service is tainted with malice and prejudice.

(2.) The petitioner who at the relevant time, was working in the Indian Army in Army Service Corps as Driver Mechanical Transport (M.T.) was recruited as such at the Zonal Recruitment Office. One of the pre- requisite of the recruitment was that a domicile certificate was required to be furnished, before the authority concerned. According to the petitioner the brother of the petitioner obtained a domicile certificate from the office of the District Magistrate, Lucknow, a copy of which has been filed along with writ petition as Annexure-2 (Bearing No. 1409/4/Ra. Sa.2/92) which was submitted along with application form in October, 1993, before the office of Zonal Branch Recruiting Office, Lucknow. As per petitioner's version the address shown in the said certificate as per record is 538 Kha/367 Deen Dayal Nagar, Khadra, tahsil and district Lucknow, which according to him, is his residential address. The petitioner thereafter appeared in open competition said to be conducted by the Zonal Branch Recruiting Office sometime in February, 1994. He qualified for the written test, physical test and medical test. A fresh domicile certificate was also required which too he filed (dated 4.2.1994 bearing No. 399/4/Ra.Sa.2/94). On 28.2.1994, the petitioner was duly recruited as a Driver (MT) in ASC Corps. Both the domicile certificates submitted by the petitioners, i.e., one at the time of applying for the post and the other at the time of recruitment were sent to the District Magistrate, Lucknow for verification by the Recruitment Officer vide a letter dated 4.3.1994.

(3.) Vide letter dated 27.7.1994, a copy of which has been filed along with counter-affidavit as Annexure-7, the Recruiting Officer was intimated that photocopy of the certificate was checked from the record and the certificate bearing No. 399/ 4/Ra.Sa.2/94 dated 4.2.1994 was found to be recorded and issued by their office. However, the certificate bearing No. 1409/4/Ra.Sa 2/92, dated 6.10.1993, did not appear to have been issued from the said office as the endorsement, serial and date did not find mention as per their record. This act of furnishing a wrong certificate during the process of recruitment having been detected by the authorities, the petitioner was summarily court martialled by opposite party Nos. 4 and 5 and thereafter he was discharged.