- (1.) Being aggrieved by the Judgment dated 17th August, 2007 delivered by the High Court of Delhi in Writ Petition No. 8004 of 2006, this appeal has been filed by the Union of India and others.
(2.) The facts giving rise to the present litigation in a nut-shell are as under: Respondent no.1 was recruited and was undergoing training for being appointed to the post of Store Hand Technical (SHT) in the Army Supply Corps and he had joined his Basic Military training at Bangalore on 14th August, 2004. Upon completion of the training but before being confirmed in service or being appointed as a soldier, he was granted annual basic leave for 28 days from 5th January, 2005 to 1st February, 2005. Thereafter, he became sick and hospitalized from 4th February to 8th February, 2005. Thereafter, he proceeded on casual leave for 15 days commencing from 24th February to 10th March, 2005 and resumed his service on 11th March, 2005 and on 12th March, 2005 he requested for voluntary discharge possibly because his mother was not keeping good health. Subsequently, on 14th March, 2005, he withdrew his request for voluntary discharge and thereafter he remained absent from the training without sanctioned leave from 2nd April, 2005 till 20th July, 2005 and resumed his duty on 21st July, 2005.
(3.) On 27th August, 2005 he had been discharged from service as in view of the Commanding Officer under whom he was working, he was "unlikely to become an efficient soldier". He had been discharged under the provisions of Army Rules, 1954 (hereinafter referred to as "the Rules"). Before his discharge, a summary enquiry had been made as he had remained absent unauthorisedly and in the said enquiry it was found that his absence was unauthorized. Looking at the fact that Respondent no.1 had remained absent and had not resumed his duty, he was declared as deserter by an order dated 30th July, 2005.;