Aloke Chakrabarti, J. - (1.) Praying for writ of certiorari to quash the discharge order dated 23.10.1990, the petitioner came to this Court.
(2.) The facts alleged in the writ petition are that from time to time, penalties have been imposed on the petitioner while he was serving in Indian Air Force and in view of the said penalties imposed, the present discharge order was passed. It has been alleged that the same suffers from irregularity having amounted to double punishment as also having not been followed prescribed procedure and the principles of natural justice. Moreover, it has been contended that the offences for which penalty is imposed before promotion are to be treated as washed out and could not be a ground of discharge. Reference has been made to the details of the punishment as disclosed in the writ petition for showing that the offence alleged therein were not major misconduct.
(3.) The respondents filed counter-affidavit and contended that the impugned order was passed under a policy as contained in the letter dated 14.8.1984 and a copy thereof was made available at the time of hearing. It is stated that in terms of the said policy, the petitioner was given due warning and after such warning, when fresh offence had been committed which resulted in further punishment and in strict compliance of the policy the discharge order was passed for the purpose of maintaining discipline in the department. As regards challenge to such power the contentions made by the petitioner have been denied by the respondents.;