R.A.Sharma, J. - (1.) Petitioner joined the Indian Army on ApriJ 27, 1968 as a soldier and in January, 1988 he was holding the rank of Havaldar in the Army Medical Corps. During his service, the petitioner claims to have been awarded several medals, i.e. Western Star, San-gram Medal, Independence Medal, Long Service Medal and Himalayan Medals. On January 26, 1988 at about 9.15 p.m. petitioner and two others were stabbed by one of his colleague, namely, Ram Pravesh Shah. Only the petitioner survived as other two succumbed to their injuries. Thereafter, Ram Pravesh Shah was Court Martialled and was ultimately convicted.
(2.) After more than a year, a notice dated April 13, 1989 was given to the petitioner calling upon him to show cause within seven days of the receipt of the notice as to why suitable administrative action be not taken against him for the alleged misconduct referred to in the notice. The petitioner submitted his reply and ultimately by an order dated June 13, 1989 the petitioner was compulsorily discharged under Rule 13 of Army Rules on the ground that his services were no longer required. Final order of discharge was passed on July 8, 1989. It is against these orders of discharge that this writ petition has been filed by the petitioner.
(3.) Order of discharge has been challenged by the petitioner on the following grounds: (i) That the petitioner was not given an opportunity of being heard against the contemplated discharge, and (ii) Order of discharge could not have been passed without recording the satisfaction to the effect that trial of the petitioner by Court Martial is not expedient or practicable, and as such, condition precedent for taking action of discharge was not satisfied.;