R.B.Misra, J. - (1.) Heard Sri Rahul Jain, learned Counsel for the petitioner, and Sri Bal Mukund, learned Counsel appearing for the respondents.
(2.) In this petition prayer has been made for quashing the order dated 09.12.1999 passed by the respondent No. 1, whereby in compliance to the order of this Court dated 17.09.1999 passed in Civil Misc. Writ Petition No. 40134 of 1999 (Ex. Sepoy No. 10403951 Hansraj Singh Yadav v. Union of India and Ors.) the representation and grievances of the petitioner were considered and decided, and the petitioner has further sought relief for quashing of the discharge order dated 01.05.1988).
(3.) The brief facts necessary for adjudication of the case are that initially the petitioner was appointed on 13th December, 1971 with 114 Infantry Pattawori (TA) and had with the same upto 25th March, 1979 and thereafter he March, 1979. was re-enrolled in Defence Security Corps on 26th March, 1979 and as per his option, his initial terms of engagement in Defence Security Corps (contract period) was for ten years, whereas, his embodied service of 5 years and 101 days rendered with Infantry Battalion (TA) was allowed to be counted towards pension/gratuity in Defence Security Corps. However, during short span of service with Defence Security Corps, the petitioner was tried for various offences under the Army Act and was awarded punishment as under: (a) 7 days confinement to lines under Section 39 (b) of the Army Act (overstaying leave from 21st April, 1980 to 23rd April, 1980) on 25th April, 1980; (b) 7 days imprisonment for offence under Section 36 (c) (when on sentry duty, found sleeping upon the post) of the Army Act on 10th September, 1981; (c) 8 days imprisonment for) offence under Section 39 (a) (absent without leave from unit lines from 1300 hrs to 2230 hrs on 21st September, 1981) of Army Act op 22nd September, 1981; (d) 28 days rigorous imprisonment and 14 days detention under Section 39 (A) (absent without leave from unit lines at field from 1400 hrs to 2230 hrs) of Army Act on 4th November, 1981; (e) 7 days imprisonment for offence under section 39(b) of Army Act for overstayal leave from 10th January, to 30th January, 1987, on 05th February, 1987; (f) 7 days detention for offence under Section 39 (d) of Army Act for without sufficient cause, failed to appear between 1200 hrs to 1400 hrs for duty, on 06th May, 1987; (g) 28 days rigorous imprisonment and 14 days detention for offence under Section 39 (a) of Army Act for absence without leave from 14th May, 1987 to 11th January, 1988 on 21st March, 1988.;