HANS RAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the Defence Security Corps on March 9, 1983. It is the admitted position that prior to that he had already completed 9 years' of service as a Combatant While working in the Defence Security Corps, the petitioner was served with a Charge-sheet dated March 22,1988, alleging that he had fired one round in the air from his rifle. He was ordered to be tried by summary court martial. On April 12,1988 he was ordered to be dismissed from service. The petitioner submitted a post confirmation petition. It was decided vide order dated March 23, 1989. The punishment of dismissal was commuted and he was ordered to be discharged from service.

(2.) Even though, in the writ petition, several grounds have been raised by the petitioner to challenge the impugned action, Mr. R.S. Randhawa learned counsel for the petitioner states that having remained unemployed since the year 1989, the petitioner is in a bad shape and that he would be satisfied if the authorities reconsider his claim for the grant of pension sympathetically. He points out that the petitioner had rendered more than 15 years of service by March 25, 1989, when he was ordered to be discharged. He further submits that in fact one of the factors which had weighed with the authorities while commuting the punishment was that the petitioner shall be able to earn his pension. He submits that if the authorities consider his claim sympathetically in this behalf, the petitioner would be able to subsist and look after his family.

(3.) Mr. S.K. Pipat, learned senior standing counsel for the Union of India submits that if the petitioner makes a representation to the competent authority within one month from today, it would be considered and decided sympathetically.