DALBIR SINGH Vs. UNION OF INDIA AND OTHERS.

JUDGEMENT

(1.) Heard Mr. R.D. Lal, learned counsel for the appellant and Mr. C. Baruah, learned Central Government Counsel appearing for the respondents.

(2.) This appeal has been filed against the judgment and order of the learned Single Judge dated 9.2.2010 passed in WP(C) No.2169/2006 filed by the appellant as the writ petitioner whereby challenge made to the order dated 15.10.2003 discharging the appellant locally from military service was rejected.

(3.) Case of the appellant as projected in the writ petition is that at the relevant point of time he was serving as Lance Naik in the 4th Battalion of the Jat Regiment of the Indian Army. While serving in the 4th Battalion of the Jat Regiment, respondents passed the impugned order dated 15.10.2003 discharging him locally from the army service. Initially, appellant challenged the legality and correctness of the said discharge before the Delhi High Court but since the 4th Battalion of the Jat Regiment was stationed at North Lakhimpur in the State of Assam, the writ petition filed in the Delhi High Court was withdrawn with liberty to approach the appropriate forum. Thereafter the related writ petition was filed.