JAIPAL SINGH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This judgment is being dictated in open Court in presence of the learned Counsel for the parties.

(2.) Petitioner was enrolled in the Indian Army on 30th November, 1979. He was served with a show-cause notice dated 18.9.1995. Perusal of the same shows that during his service, he has incurred various entries in his conduct sheet, details are given as under: ------------------------------------------------------------------------------------ Date of Offence under AA Section Punishment Date of offence awardedaward ------------------------------------------------------------------------------------ (a) 25 Jul. 83 AA Section 39(b) Without 10 days pay fine. 25 Jul. 83 sufficient cause OSL ------------------------------------------------------------------------------------ (b) 06 Mar. 85 -do- 14 days RI. 18 Mar. 85 ------------------------------------------------------------------------------------ (c) 01 Nov. 87 AA Section 38(1) Deserting the Tried by SCM and 13 Nov. 90 service. awarded 09 months RI in military prison and to be under stoppage of pay and allowances for Rs. 432.44 ------------------------------------------------------------------------------------ 12 Sep. 90 AA Section 54(b) Lossing by Neglect the property of the Govt. 12 Sep. 90 AA Section 54(B) Lossing by Neglect clothing & equipment the property of the Govt. ------------------------------------------------------------------------------------ (d) 21 Apr. 92 AA Section 39(b) without 28 days RI and 14 09 Jun 92 sufficient cause OSL days detention ------------------------------------------------------------------------------------ (e) 21 Apr. 95 AA Section 39 (a) Absenting 28 days RI 20 May 95 himself without leave. ------------------------------------------------------------------------------------ (f) 02 Aug. 95 AA Section 39(b) Without 28 days RI 31 Aug 95 sufficient cause OSL ------------------------------------------------------------------------------------

(3.) In the notice, it was indicated that the petitioner had become a bad example for other soldiers and his further retention in the service was undesirable in the interest of discipline. An opportunity in compliance of Rule 13(3), Table III (V) of the Army Rules, was afforded to the petitioner. However, he did not respond to the said show-cause notice. He was dismissed from the Army on 29th September, 1995. Even though the order of his dismissal is not on record, however, his certificate of service placed as Annexure P-1, on record, indicates the reason of his dismissal as "Undesirable soldier". The certificate shows that he has rendered 15 years 10 months 16 days of service, which also includes non-qualifying service also.