Arun Tandon, J. - (1.) Heard Colonel Ashok Kumar Advocate on behalf of petitioner, Sri K.C. Sinha Advocate on behalf of the respondents.
(2.) Petitioner was selected and was sent for training to Arty Centre Nasik Road Camp, Maharashtra on 4th May, 2004. It is alleged that he was orally discharged under order of the Lt. Col. S.S. Sajwan from the Camp at Nasik Road. Feeling aggrieved by the aforesaid order of the Lt. Colonel S.S. Sajwan, the petitioner filed a statutory appeal under Section 26 of the Army Act. During pendency of the appeal the petitioner had approached this Court earlier by filing Writ Petition No. 28694 of 2004. The writ petition was disposed of by this Court vide judgment and order dated 16th February, 2005 with a direction upon respondent authority to consider and decide the statutory representation of the petitioner dated 18th May, 2004. It is alleged that the authorities attempted to mislead the petitioner and as a result whereof he filed a contempt petition before this Court being Contempt Petition No. 506 of 2005. The contempt petition is pending consideration.
(3.) Now the Chief of Army Staff, New Delhi has passed the impugned orders dated 12th Mach, 2005 and dt. 26th May, 2005 whereby the statutory appeal has bent rejected. Against the orders dated 12th Mach, 2005 and dated 26th May, 2005 the present writ petition has been filed. The relief prayed for by the petitioner are as follows: (i) Order the Respondent No. 1 to treat the petitioner as having continued in uniform with all the consequential benefits to the petitioner. (ii) Issue writ of certiorari summoning the records and quashing the order dated 12th March 2005 and 26th April 2005 with all the consequential benefits of the petitioner. (iii) Issue any other writ order or direction considered expedient and in the interest of justice and equity. (iv) Award cost of the petition to the petitioner.;