AKHIL TIKADAR Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The Petitioner has challenged his discharge from service by the Army. The Petitioner had been enrolled in the Army as a cook on March 2, 1982. According to the Petitioner some time in 1982 one T.K. Mookherjee belonging to the Intelligent Branch, Krishnagar came to the Petitioner's village and made enquiries about the Petitioner. It is alleged that T.K. Mookherjee demanded payment of certain monies from the Petitioner's mother illegally. According to the Petitioner cause of the dire poverty of the Petitioner's family this legal demand could not be met. Immediately wherein the Petitioner's mother was told to pay the balance sequent to Mr. Mookherjee at the address of one near Ghosh, a hotel keeper.

(2.) Petitioner's father met Mr. Mookherjee at Mr. Amar Gosh's hotel at which Mr. Mookherjee allegedly retired his demand. Upon being told by the Petitioner's their that he was unable to meet the demand, Mr. Mokherjee is stated to have become furious and threamed the father with dire consequences. It is said that Mr. Mookherjee caused a false verification report to be submitted to the Respondent No. 5 viz., the Collector, aid. On May 26, 1983 a discharge certificate was ;sued to the Petitioner. The discharge certificate reads s follows:

(3.) On July 14, 1983 the Petitioner submitted a rep sanitation to the Officer -in -charge, E.M.E, recon Secundrabad. In that representation, it has been state that after completion of his training the Petitioner also with others had been asked to sign certain forms for the purpose of final posting but when the form was sign the Petitioner was told that he had been discharged from service. Upon the Petitioner enquiring from the authorities as to why he had been discharged, the authority replied that the Petitioner's Indian citizenship we suspect because of a verification report. The petition accordingly prayed for an opportunity to produce all the documents showing that he was indeed an Indian citizens and asked for reinstatement in service as early possible.