LAKHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Gaya Prasad Pal, learned Counsel for the petitioner and Sri N.C. Tripathi, Additional Standing Counsel.

(2.) The petitioner was recruited in Indian Army by BRO Agra and was sent to training in Goa. He had filled up application verification role in December, 1994. By this writ petition, he has prayed for a direction to quash the discharge order dated 6.1.1997 passed by Commanding Officer, HQ 2 STC, 5 TTR Panji, Goa.

(3.) In the counter-affidavit, it is stated that the petitioner filled up application in December 1994 and thereafter he was implicated in a criminal case. He joined duties on 28.4.1995. In para 9 of the counter-affidavit it is stated that he had completed only partial training. In May 1996 during police verification it was found that a criminal case was pending against him and consequently the petitioner was discharged under Army Rule 13 (3) Item (iv) being 'unlikely to become an efficient soldier'. Paragraphs 4 and 9 of the counter-affidavit are quoted as under :