MUKESH KUMAR THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner had initially prayed that the order of discharge dated 14.8.1990 passed by the Commanding Officer, Bihar Regimental Centre, Danapur be quashed. By supplementary counter affidavit filed by respondents, the appellate order passed by Chief of Army Staff has been brought on record vide Annexure -R/8.

(2.) There is some confusion about the date and therefore, I am not mentioning the date. The petitioner has challenged the order rejecting the appeal on grounds stated hereinafter. The facts of the case are that the petitioner had applied for the post of a Sepoy in March, 1989. After passing various tests including physical and written test, he was appointed in the Bihar Regiment on 1.3.1989 and allotted Sepoy No. 4270304 in Grade "D" i.e., infantry. At the time of recruitment it is essential that the recruits should fill up form disclosing certain information regarding themselves. Accordingly, the petitioner was to fill up a the form which is Annexure -R/1 to this writ application. Column No. 8 states as follows: -

(3.) THE petitioner was thereafter enrolled and was working as a Sepoy. After enrollment the procedure adopted is to verify the character of the recruited person. Accordingly, information was sought from the Superintendent of Police, Samastipur who reported that the petitioner was an accused in a case under Sections 323,109 and 307 of the Indian Penal Code.