UNION OF INDIA Vs. RAM CHAND BELI RAM
HIGH COURT OF PUNJAB AND HARYANA
UNION OF INDIA
RAM CHAND BELI RAM
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(1.) IN Civil Suit No. 81 of 1950 Shri Ram Chand sought declaration to the effect that his discharge from service was wrongful, void and inoperative and , that he remained a member of the Defence Service on the date of the institution of the suit.
(2.) SHORTLY put, the facts giving rise to Civil Suit No. 81 of 1950 are these: On 2-1-1943, by letter, Ex. D. 2, 'subhedar' Ram Chand complaining that his promotion had been stopped without sufficient cause applied that he should be discharged from, service "at his own request on transfer to pension establishment". By order passed on 30-4-1943, Ex. P. 2, the Director of ordnance Services, Army Headquarters, discharged 'subhedar' Rain Chand from service under rule. 13b, Item No. 1 (i) (b) made under Section 113 of the Indian Army Act, 1911, hereinafter referred to as the Act. Pursuant to that order 'subhedar' Ram Chand relinquished charge. That discharge was found to be illegal for the Director of Ordnance Services, Army headquarters, was not the competent authority to authorise the discharge of 'subhedar' Ram chand under Rule 13b, Item No. 1 (i) (b ). On 2-3-1944 'subhedar' Ram Chand was discharged from service under Rule 13b, Item No. 1 (iii) (b) 'in the interest of service' by the G. O. C.-in-Chief, Southern Command. In discharging 'subhedar' Ram Chand, the G. O. C.-in-Chief ordered that 'subhedar' Ram Chand was entitled to receive pay from the date of his illegal discharge by the Director of Ordnance Services to 2-3-1944 though no duty was performed by him during that period. On 26-4-1948 'subhedar' Ram Chand memorialised the Central government to alter the cause of his discharge from that stated by the G. O. C.-in-Chief, southern Command, to one "at his own request on transfer to the pension establishment". That request was granted by the Central Government and communicated to the plaintiff by letter dated 5-2-1949 Ex. P. 4.
(3.) PLAINLY, 'subhedar' Ram Chand being Viceroy's Commissioned Officer could be discharged from! service "at his own request on transfer to pension establishment" by the officer-Commanding the corps to which he belonged or by any higher authority. That being the position of matters, the G. O. C.-in-Chief, Southern Command, was competent authority to authorise the discharge of 'subhedar' Ram Chand within rule 13b,;
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