PARVESH KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 6.8.2012 (Annexure P6) passed by the Armed Forces Tribunal, Regional Bench Chandigarh, Chandimandir whereby the petition of the petitioner seeking quashing of the letter dated 31.7.2004 (Annexure P5) with respect to his discharge from service has been dismissed.

(2.) The petitioner was enrolled in the 22nd Battalion of the Sikh Regiment as an Infantry Soldier of the Indian Army on 2.10.2001.

(3.) According to him, he belongs to the 'Kumhar Sikh' community. On the basis of a certificate issued by the Sub-Divisional Officer in this regard, which was submitted by the petitioner to the army authorities, he was recruited to the Sikh Regiment. Thereafter, the army authorities sought a report from the Sub-Divisional Officer who had issued the certificate as regards its authenticity. The Sub-Divisional Officer (Civil), Safidon, District Jind (Haryana) vide letter dated 23.8.2000 submitted that the certificate was issued to the petitioner for the Backward Classes (Kumhar), however, the caste certificate incorporating 'Kumhar Sikh' was not issued. The word 'Sikh' might have been added by the individual himself. Therefore, it was observed by the army authorities that the petitioner had got himself enrolled in the Sikh Regiment by tampering with his caste certificate. Action was initiated against him and he was discharged from the Army under Rule 13 (3) Item (iii) (v) of the Army Rules 1954. The petitioner filed a statutory complaint against his discharge and in terms of the impugned letter dated 31.7.2004 (Annexure P5) issued by the Sikh Regiment Abhilesh Karyalya Records, the Sikh Regiment, Ramgarh Cantt., Jharkhand he was informed that he had got himself fraudulently enrolled and the action to discharge him from service in terms of Army Head Quarters letter No.A/110064/Rtg. (OR) (a) dated 29.1.1990 and Section 44 of the Army Act, 1950 was in order.