Ganguly, J. - (1.) This appeal has been filed by Union of India & Others impugning a judgment and Order dated 7th August, 1997 passed by a learned Judge of the Writ Court. By the said Judgment and Order under appeal, the learned Judge was pleased to set aside the order of discharge passed against the petitioner/respondent. The learned Judge was pleased to set aside the order of discharge mainly on the grounds that principles of natural justice have not been followed in the instant case while passing the order of discharge. The learned Judge was pleased to hold that since the words "dismissal" or "termination" will have the same effect it has a difference in terminology only. Therefore, while passing the order of discharge, the authority should have given the petitioner a sufficient opportunity to defend himself and that not having been done, the order of discharge cannot be sustained. The learned Judge also held that considering the socioeconomic conditions of the day, the Court cannot give any indulgence in the matter of termination of service which has been passed without following the due process of law.
(2.) The learned Counsel appearing in support of the appeal urged that the learned Judge has not properly appreciated the legal questions involved in this case and the learned Judge failed to appreciate that proper opportunity of hearing was given to the respondent/writ petitioner and he is not entitled under the law to any further opportunity save and except what has been given to him, a member of the Armed Force. The learned Counsel also submitted that in the facts of the case and considering the statutory provisions the order passed by the learned Judge, which is -under appeal, could not be sustained.
(3.) Now, coming to the facts of the case, it appears that the writ petitioner/respondent was discharged from army service under the provisions of Section 20 of the Army Act, 1950 read with Army Rules, 13(3) (v) read with clause (v) of the Table and after affording the writ petitioner/respondent the opportunity of showing cause against the order of discharge.;