RAKESH TIWARI, J. - (1.) HEARD the petitioner, in person ; Sri Shishir Kumar for the respondents and perused the records of the writ petition as well as the records of the earlier writ petitions as is necessary to decide the controversy in this case.
(2.) THE instant writ petition, instituted under Article 226 of the Constitution of India, has a chequered history. It has been filed for issuance of suitable writs and directions for quashing the impugned orders dated 21.10.1999 and 12.4.2000, contained in Annexures 5 and 5 -A respectively to the writ petition. By order dated 21.10.1999, the petitioner was dismissed from service by Commandant, A.S.C. Centres (South), Bangalore under Army Act 20 (3) declaring the petitioner as deserter w.e.f. 2nd May, 1996. By order dated 12th April, 2004, the representation of the petitioner dated 21st January, 2000, pursuant to the direction contained in judgment of this Court dated 11.1.2000 in Civil Misc. Writ Petition No. 1458 of 2000 was rejected by respondent No. 3. BACKGROUND OF THE CASE
(3.) THE facts, as culled out from the writ petition and records of past litigation, in brevity, are that the petitioner was enrolled in Army on 28.6.1977 as sepoy driver (M.T.). He sustained severe injuries on 16.8.1980 with his motor cycle in a road accident while he was posted at Panagarh. He was operated upon for 'fracture Mid Shaft Femur' in left thigh. The injury was attributed to 'Military Service In Peace' on 'bona fide Government duty'.;