AJIT SINGH YADEV Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was enrolled in the Indian Army on 09.03.2002 and came to be discharged from service by the Commanding Officer on 03.10.2004 on the ground that his verification of character and antecedents was found unsatisfactory.

(2.) The petitioner being aggrieved of order of discharge has assailed the same on the grounds taken in the writ petition. On notice issued, respondents have filed reply affidavit, perusal whereof reveals that a complaint was lodged against the petitioner under Sections 436, 324, 323, 504, 506 and 427 IPC and for this reason he came to be discharged from service. During the tendency of the writ petition, CMP no. 4158/2010 was filed by the petitioner praying therein that he be permitted to place on record copy of the judgment passed by the Additional Sessions Judge/F.T.C-IInd, Ballia. Application was allowed and judgment was taken on record vide order dated 27.12.2010. Additional Sessions Judge after concluding the trial come to the conclusion that the case is not proved beyond reasonable doubt against the petitioner and has recorded a finding that accused deserves to be held not guilty on the basis of doubts and, accordingly, he acquitted the accused of the charges levelled against him.

(3.) Learned counsel for the petitioner submitted that this petition deserves to be allowed in view of the law laid down by the Hon'ble Supreme Court in case titled as Nar Singh Pal V. Union of India and others, 2000 AIR(SC) 1401. Learned counsel referred to paragraph 12 of the judgment of the Hon'ble Supreme Court, which is reproduced as under: