TILAK RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has assailed the order dated 4.6.2004 passed by the respondents, discharging him from the Army service. He has prayed for his reinstatement as Grenadier with all consequential benefits.

(2.) PETITIONER is a resident of Kot Plahari, Tehsil Nurpur, Distt. Kangra, H. P. Passed out his matric and further plus two examination in the year 2001 from the H. P. Board of Education. Since the petitioner's father was permanently residing and working in Delhi since 1994, petitioner decided to shift and live with him. In Delhi, petitioner enrolled himself as a recruit in the Grenadiers on 27.12.2002. He was duly selected and sent for training to Jabalpur on 27th February, 2003 and successfully completed his training as Grenadier on 19th January, 2004, when he was posted as Sepoy / Grenadier.

(3.) FROM the counter affidavit dated 30th June, 2005 as also supplementary affidavit dated 13th June, 2007 filed by the respondents, it is clear that the action against the petitioner has been taken on the ground that he had furnished false information with regard to his permanent place of residence. His case for verification was sent to DCP South West Delhi, who upon verification reported that the petitioner had stayed in Delhi from March, 2002 to March, 2003 only. This was indicative of the fact that petitioner was only a temporary resident of Delhi and consequently, action was taken against him. Respondents have further clarified that the recruitment in the Army is based on State-wise and category-wise vacancies released by Headquarters from time to time. Different physical and educational standards vary from State-to-State keeping in mind their geographical, demographical and social constraints.