ARVIND SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Held, The impugned order. I, therefore, allow this writ petition and set aside the order impugned dated 4.5.2000, whereby the petitioner has been discharged from service. The petitioner shall be re-instated in service with all consequential benefits.

(2.) On the other hand, respondents state that the petitioner has earned four red ink entries during the tenure of his service, which give sufficient cause to the respondents for his removal from the service, as his retention in the army service is undesirable. The essence of the arguments is that on account of his having earned four red ink entries, he stands discharged as undesirable and inefficient to the army service and no charge sheet was required to be issued in the matter.

(3.) There is no dispute that under the Army Rules, a person can be dismissed or discharged in case it is found that his retention is undesirable and he is an inefficient official.