SAMPURAN SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Petitioner, Sampuran Singh, who was serving as Signalman in 57 Wireless Experimental Unit in the Indian Army, has approached this court through the present petition filed under Articles 226/227 of the Constitution of India. The claim made in the petition is for the issuance of a writ in the nature of certiorari for quashing the orders dated November 6, 1986, whereby the petitioner was ordered to be discharged from the Indian Army and the orders dated May 7, 1987 whereby his statutory appeal filed before the Chief of the Army Staff was dismissed. The aforesaid orders have been appended as Annexures P1/A and P/3, respectively, with the present petition.

(2.) The facts, which emerge from the pleadings, are that the petitioner had joined the Indian Army on March 18, 1983 and after his initial training, was posted as Signalman (Mess Waiter) in 57 Wireless Experimental Unit. On August 23, 1985 one Mess Havildar K.B. Bhatt hanged himself in Officer's Mess guest- room. On October 28, 1985 one Signalman P. Mathunni was found dead, hanging from a tree about 50 yards away from the Officer's Mess. A court of enquiry was held against the present petitioner and four other persons. After taking into consideration the evidence recorded before the aforesaid court of enquiry, the guilt of none of the persons aforesaid, was proved. Accordingly, they were held not guilty of the charges. A subsequent court of inquest was held which also took into consideration the entire circumstances with regard to the aforesaid death of Signalman P. Mathunni. A report was submitted by the aforesaid court of inquest on October 30, 1986. The petitioner was still found not involved in the aforesaid occurrence and, as such, the charges against him were dismissed. After the conclusion of the aforesaid proceedings, the petitioner was returned to his unit and resumed his duties on October 31, 1986. On the very next day i.e. October 31, 1986, the petitioner was served with a show cause notice by Officiating Commandant requiring him to show cause as to why he should not be discharged from service. In the aforesaid show cause notice, it was mentioned that while the petitioner was working in the officer's mess of the Unit along with Sigmn (Cook Mess) P. Mathunni, the aforesaid P. Mathunni had hanged himself. It was further mentioned in the show cause notice that it was strongly suspected that the petitioner was not only in the know of the causes and the circumstances resulting in the death of the aforesaid deceased but was also, perhaps, responsible for the same. Accordingly, it was conveyed that the Sub Area Commander had formed an opinion that the retention of the petitioner in service was not desirable and, therefore, the petitioner was required to show cause as to why his services be not terminated under Army Rule 13 Table III(V). The petitioner submitted a reply to the aforesaid show cause notice on November 1, 1986. Thereafter, the order dated November 6, 1986 was passed by Officer Commanding issuing a discharge certificate, discharging the petitioner from service. A copy of the show cause notice dated October 31, 1986 has been appended as Annexure P/1 whereas the discharge certificate dated November 6, 1986 has been appended as Annexure P1/A with the present petition. The petitioner, thereafter, submitted a statutory petition to the Army Headquarters against the aforesaid order of termination. A communication dated May 7, 1987 was received by the petitioner, from the Army Headquarters communicating the dismissal of the aforesaid petition. A copy of the aforesaid communication dated May 7, 1987 has been appended as Annexures P/3 with the present petition.

(3.) The petitioner has approached this court through the present petition impugning the aforesaid discharge certificate Annexure P1/A as well as the rejection of the statutory petition Annexure P/13.