PRADEEPTA KUMAR MOHAPATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner assails the order of discharge from Army service and prays for a direction to absorb him in service forthwith.

(2.) BRIEFLY stated, the petitioner's case is that, he is a Non Matric, had applied for appointment as a Soldier (G.D) in the Army, he was called for screening test/interview which he attended on 13.8.1997. The petitioner having been found suitable, got selected and enrolled as a Soldier (S.H.G.D.) and was sent for training to A.O.C. Centre, Secunderabad in the State of Andhra Pradesh. He was given training in general duty, trade and also under went physical training and other exercises. He was allowed to draw a basic pay of Rs. 2440/ . Petitioner claims that he completed the training for the post of Soldier successfully in the month of November, 1998 in opposite party No. 2's Training Centre and was assigned with Identity Card bearing Army No. 6939820 K, Trade SHGD with Rank Soldier. However, when the petitioner was awaiting for a posting order, he was shocked to receive a movement order dated 17.11.1998 from the Captain (opp. party No; 3) discharging him from Army service under Rule 13(3) IV of the Army Rules. A copy of the discharge order has been annexed as Annexure 6. The petitioner made a representation to Opp. Party No. 3 to re consider the order of discharge, but no action was taken thereon. According to the petitioner, the order of discharge is illegal, arbitrary and has been passed by an authority lacking jurisdiction in terms of the Army Act.

(3.) IT appears from the movement order (Annexure 6) that the petitioner was issued with the movement order under Army Rules 13(3)IV being discharged from Army service since he was found 'Unlikely to become an efficient soldier'. The movement order has been signed by the Captain Coy Cdr. SHGD. Coy. Under Rule 13(3)IV of the Army Rules, each of the authorities specified in column 3 of the Table is the competent authority to discharge from service persons subject to the Act specified in column 1 thereof on the grounds specified in column 2.