EX SEPT PARAMJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was dismissed from service on April 20, 1989 with effect from July 21, 1986. A challenge to this order has been made primarily on the ground that the dismissal can be only prospective and not retrospective. A few facts may be noticed.

(2.) THE petitioner was recruited as a Sepoy in the Indian Army on March 31, 1976. In November 1985, when the petitioner was on leave, he was involved in a case under Sections 302/307/326/324/323/148/149 of the Indian Penal Code. He was convicted by the trial court. Vide judgment dated June 5, 1987, the High Court partly accepted the appeal. The petitioner's conviction under Sections 326/149 I. P. C. only was maintained. After completing his sentence, the petitioner reported to the Station Headquarters, Jullundur Cantonement to issue a railway warrant to him from Hoshiarpur to Ramgarh (Bihar) on May 23, 1988. The petitioner was served with an order of discharge from the Army and by orders dated April 20, 1989, he was dismissed from service with effect from July 21, 1986. Copies of these orders are at Annexures P-6 and P-7. The petitioner is primarily aggrieved by the order at Annexure P-7.

(3.) A written statement has been filed on behalf of the respondents in which the factual position has not been disputed. It has, however, been contended that the orders are legal and valid.