Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 21.11.2013 whereby an appeal arising out of a civil suit challenging the discharge of the petitioner and transferred to the Tribunal remained unsuccessful.
(2.) THE petitioner was enrolled in the Army on 20.06.1989. He was posted at 14 Dogra Regiment at Jalandhar in the month of July, 2001. He was detailed for duty in the Unit Officer's Mess on 17.07.2001. The petitioner submitted request for discharge on 18.07.2001 and accepting the request, the petitioner was discharged on 24.07.2001. The father of the petitioner filed a complaint on 06.09.2001 that petitioner has been discharged illegally on the basis of documents on which signatures of his son were obtained on blank papers. Since, the petitioner was discharged on his own request, no action was taken but petitioner challenged the order of discharge before this Court in a writ petition filed in the month of March, 2003. Such writ petition was withdrawn on 28.03.2003 with liberty to file a civil suit. Thereafter, the petitioner filed a civil suit in the month of February, 2004 which was dismissed by learned trial Court vide order dated 14.12.2009 (Annexure P -8). During the pendency of appeal, Armed Forces Tribunal Act, 2007 came into force and consequently the appeal was transferred to the Tribunal. It is the said Transfer Petition, which has remained unsuccessful.
(3.) THE assertion of the petitioner is that he has not signed any request for discharge. In fact, he was made to sign on blank papers and on his refusal he was given beatings. It was alleged that on 17.07.2001 an incident has taken place when 6 year old daughter of the Commanding Officer came to the Officers Mess and identified the plaintiff as a person who probably misbehaved with her.;