NURULISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Appeal is against the judgment and order dated 1.8.96 passed by the learned Single Judge in C.R. No. 1952/96 dismissing the writ petition wherein the appellant herein as petitioner challenged the orders by which he was discharged from service and also his application for reinstatement was rejected.

(2.) The petitioner, a graduate with Honours in Assamese, after due selection in the interview was appointed as Havildar-Clerk in the Indian Army on 29.8.90 and was sent for training to Roorkee. On completion of the training while the petitioner was expecting regularisation of his service by order dated 1.3.92 passed by the Commanding Officer of the Training Battalion he was discharged. Against the order the petitioner approached the statutory authority under Section 26 of the Army Act and that was rejected on 16.7.92, another appeal which was preferred was also rejected. Again, ground for the discharge from the service was found to be his involvement in a criminal case being G.R. No. 339 of 1987 under Sections 147/148/427/ 506 IPC which was pending in the Court of Chief Judicial Magistrate, Guwahati at the time of his first entry in service. Though, ultimately the petitioner was acquitted in the said case.

(3.) Mr. M.A. Sheikh, the learned counsel for the appellant/petitioner has submitted that at the time of filling up of Enrolment Form everything was done by the Enrolment Officer, the petitioner was not allowed even to see the contents of the Form but he was simply asked to sign and put his thumb mark which he accordingly did. He did not know the contents of Form. The photocopy of the Enrolment Form is found on record. The concerned column No. 8 is reproduced below: