RAM CHANDRA TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the petitioner in person and Sri Yogesh Kesharwani for the respondents.

(2.) THE petitioner was enrolled in the Army Medical Corps on 11.9.1984 on the post of clerk, as Non-Commissioned Officer (in short N.C.O.) and remained in service for 11 years and 141 days. While posted at Gangtok Military hospital since September, 1993, he was served with a notice of discharge in February, 1995. THE notice of discharge was challenged by the petitioner in the Sikkim High Court by means of Writ Petition No. 2 of 1995, in which initially a restraint order was passed directing the army authorities not to give effect to the letter of discharge dated 14th February, 1995.

(3.) THE respondents in the aforesaid writ petition took the defence about unworthiness of the petitioner of being an Army Officer and that of his service record being bad all throughout and that lastly in pursuance of disciplinary proceedings, the petitioner had been inflicted punishment of dismissal from service, and, therefore, the aforesaid writ petition filed against the transfer order did not have any merit. THE Sikkim High Court finding that the petitioner has been dismissed from service refused to grant any relief to the petitioner, the writ petition having been filed against the order for transfer. THE claim for compensation was also denied finding no merit in the same.