- (1.) This appeal under Section 31 of the Armed Forces Tribunal Act, 2007, is directed against a judgment and order dated 14th December 2011 passed by the Armed Forces Tribunal, Regional Bench at Lucknow whereby the Tribunal has dismissed Transferred Application No.16 of 2011 filed by the appellant in the process affirming an order of discharge passed against the appellant by the competent authority under Rule 13(III)(v) of the Army Rules, 1954.
(2.) The appellant was enrolled as an Operator in the corps of Artillery of Indian Army on 27th September, 1980. Having served in that capacity for nearly 12 years, he received a show cause notice pointing out that he had been awarded four red ink entries for various offences set out in the notice and that the appellant had become a habitual offender thereby setting a bad example of indiscipline in the army. The notice, on that premise, called upon the appellant to show cause as to why he should not be discharged from service under Army Rule 13(III)(v) read with Army HQ letter No.A/15010/150/AG/PS-2(c) dated 28th December, 1988.
(3.) The appellant submitted a reply to the show cause notice which does not appear to have cut any ice with the competent authority resulting in his discharge by an order dated 14th December, 1992. Aggrieved, the appellant preferred an appeal before respondent No.2 which proved of no avail. The authority in the meantime issued a discharge order/certificate of service on 15th October, 1993 which the appellant challenged in MP No.1980 of 1994 before the High Court of Madhya Pradesh at Jabalpur. That petition was dismissed by the High Court on 18th January, 2006 on the ground of lack of territorial jurisdiction aggrieved whereof the appellant filed Writ Appeal No.429 of 2006 which came to be transferred to the Armed Forces Tribunal, Regional Bench, Lucknow and renumbered as Transferred Application No.16 of 2011. The Tribunal by its order dated 14th December, 2011 has now dismissed the transferred petition giving rise to the present appeal.;