ASHOK KUMAR Vs. UOI
LAWS(DLH)-2007-5-85
HIGH COURT OF DELHI
Decided on May 16,2007

ASHOK KUMAR,RAKESH KUMAR Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

T.S.THAKUR, J. - (1.) Both these petitions arise out of the orders of discharge passed by the competent Authority under Rule 14 of the Territorial Army Act Rules 1948 on the ground that they were unlikely to become inefficient soldiers. On behalf of the respondents, it is submitted that the petitioner's could and ought to have preferred an appeal against the orders impugned in their writ petitions in terms of Rule 15(3) of the Rules mentioned above, which reads as under: "15(3) Any enrolled person discharged under sub rule (1) or sub rule (2) shall have a right of appeal against the decision of the authority which authorized his discharge to the next higher authority provided that there shall be no appeal where the order of discharge is made by the Central Government."
(2.) The petitioner's have not, admittedly, exhausted the remedy available to them in terms of the above Rules which is, in our opinion, equally efficacious and ought to have been exhausted before agitating the matter in this Court.
(3.) In the circumstances, therefore, we dismiss this writ petition reserving liberty for the petitioner's to seek appropriate redress under Rule 15(3) (supra) before the competent Authority. We direct that in case such appeals are preferred within one month from today, the same shall be examined and disposed of expeditiously but not later than four months from the date the appeal is received under intimation to the petitioner or his counsel. The petitioners shall have then the liberty to assail the said orders, if the same goes against them in appropriate proceedings, if so advised. No Costs.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.