CHHATHU SAH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has moved this Court for a direction upon the respondents to bring on record the order dated 30.4.1975 by virtue of which he was declared deserter and dismissed from Army. THE petitioner had earlier moved the Court by filing a writ application, namely, C.W.J.C. No. 10260 of 2003. THEre his prayer was for grant of pension to him for the period he had served in the Army. THE Court, however, did not adjudicate upon the issue but the relevant records available with the authorities was produced before the Court from which it became apparent that the petitioner was dismissed in the year 1975 on failing to report for duties in the year 1971 when India had to go to war with Pakistan.

(3.) THE respondent authorities by way of their counter affidavit have stated that the petitioner was moved/transferred as a reservist vide an order dated 10.10.1967. When the country had to face a war in the year 1971 he was called for reservist training on 29.10.1971. Since it was national emergency the entire armed forces had to be mobilised. It is further stated that the petitioner failed to report or join duties and he was declared illegally absent as a deserter with effect from 29.10.1971. Subsequently, the authorities invoking its powers under Section 20(3) of the Army Act declared him as a deserter as well as untraceable and vide Regiment Part-ll Order No. 063/0012/75 dated 16.4.1975 dismissed him from service. This fact is borne out from part of the record which is available with the authorities. In so far as main service record of the petitioner is concerned the same was destroyed in the year 1997 after completion of 25 years in terms of Army Regulations. In other words, the petitioner now wants to take advantage of the fact knowing fully well that after 25 years the necessary service records are not maintained by the respondents. THE respondents, however, have brought on record certain extracts which establishes the fact that the petitioner was dismissed under Section 20(3) of the Army Act vide order dated 16.4.1975 and his services forfeited.