HEMANT GUPTA,J. - (1.) The challenge in the present appeal is to an order passed on April 30, 2014 by the Armed Forces Tribunal 1, Chandigarh, Regional Bench at Chandimandir whereby, the discharge of the appellant on account of seven red ink entries during his 11 years 9 months and 15 days service was not found to be unjustified.
(2.) The appellant was served with a show-cause notice on September 22, 2004 that the appellant has proved himself undesirable and retention in service is not considered suitable, in respect of seven punishments: two in the year 1995; one in the year 1998; two in the year 2000; and two in the year 2004. The details of his punishments seven times are as under: (a) U/s 39(a) of Army Act 21 days RI on 02.09.1995 (b) U/s 51 of Army Act 28 days RI on 07.09.1995 (c) U/s 39(a) of Army Act 21 days RI on 04.08.1998 (d) U/s 39(b) of Army Act 07 days RI on 02.11.2000 (e) U/s 63 of Army Act 02 days RI on 15.11.2000 (f) U/s 39(b) of Army Act 05 days RI on 12.02.2004 (g) U/s 63 of Army Act 21 days RI on 25.05.2004
(3.) In response to such show-cause notice, the reply of the appellant was that he did not have any other source to look after the welfare of his children and that he has committed a blunder and mistakes due to his family problems and that he would not commit a single mistake again.;