KRISHAN DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was enrolled in Army on 07.12.1971, allotted No. 13734142 and after attestation deputed to 2 JAK LI on 25.04.1973. He was discharged from service on 12.06.1986. He questions the discharge order in writ petition-in-hand on the ground that order has been passed in contravention of rules and, suffers from non-application of mind. The petitioner, on the strength of grounds urged in the petition, seeks a writ of Certiorari, quashing discharge order dated 12.06.1986. He prays for a direction to respondents requiring them to treat petitioner in service from the date of discharge upto date of retirement, i.e., 31.12.1986 and to release unpaid salary in his favour. The petition is resisted by respondents on the grounds detailed in their reply. It is pleaded that petitioner earned four red ink entries during his service career and left no option for the respondents, except to discharge him. It is denied that impugned order was passed in violation of the rules of natural justice or that the authority making order failed to apply its mind to the facts emerging from the petitioner's service record. The respondents have made a detailed reference to the lapses committed by petitioner and penalty imposed by competent authority from time to time.

(2.) I have gone through pleadings as also record available on file. I have also heard learned counsel for parties.

(3.) A closer look at the pleadings and the record placed on the file would reveal that petitioner was served a Show Cause Notice on 18.03.1986 requiring him to show cause as to why he should not be discharged from service under Army Rule 13(3) item (III) (v). Petitioner was to submit his reply by 25.03.1986 to Commanding Officer, 2 JAK LI C/O 56 APO. This was followed by a Show Cause Notice dated 25.03.1986. The second Show Cause Notice detailed the punishment imposed on petitioner during his 14 years and 6 months service career. The third Show Cause Notice with similar contents as that of second Show Cause Notice was served on petitioner on 18.04.1986. Third and the last Show Cause Notice was served by Officiating Commander through Commanding Officer, 2 JAK LI.