RAJENDER SINGH Vs. CHIEF OF NAVAL STAFF

JUDGEMENT

(1.) This petition involves adjudication of the petitioner's challenge to order dated 28.7.1995 vide which he was discharged from naval service with effect from 10.8.1995 under Section 15(2)(a) of the Navy Act, 1957 (for short, 'the Act') read with Regulation 216 of the Regulations Navy, Part II (Statutory) (hereinafter referred to as 'the Regulations'). The facts:

(2.) The petitioner challenged the termination of his service on the following grounds:

(3.) In the counter filed on behalf of the respondents, a preliminary objection has been taken to the very maintainability of the writ petition on the ground of non- impleadment of the Union of India as party to the writ petition. On merits, the respondents have pleaded that action was taken against the petitioner strictly in accordance with Section 15(2)(a) and Regulation 216. In Para 15 of the affidavit filed by him, Ambat Chacko Avarachan has averred that the discharge of the petitioner was approved by Raksha Rajya Mantri and thereafter, the order was communicated by respondent No.1. According to Shri Avarachan, action was taken against the petitioner under Section 15(2)(a) of the Act read with Regulation 216 of the Regulations because the allegations of moral turpitude levelled against the petitioner was found correct.