Permod Kohli, J. - (1.) THE petitioner has assailed the order dated 5.5.1994 discharging him from army service retrospectively with effect from 9.11.1993 from the post of Naik and also the orders of punishment (three red entries) awarded to him during his service.
(2.) THE petitioner was enrolled as Recruit Sepoy in the Indian Army on 15.11.1980. On completion of the training, he was promoted to the rank of Lance Naik in the year 1987 and to Naik in the year 1990. During the period, he was serving as Sepoy, he was awarded punishments of 28 days Rigorous Imprisonment for overstaying leave on 28.5.1981 and another punishment came to be imposed upon him on 6.5.1992 for shouting during roll call. He also suffered another punishment on 5.6.1992 for absent from D.C.B. Post No. RD -20, for 30 minutes. Yet another punishment was imposed upon him on 28.6.1992 for directly representing to the authorities without following the official channel. A similar punishment was imposed upon him on 9.7.1993 for 10 days Rigorous Imprisonment for violation of Section 63 of the Army Act for representing higher authorities directly without following the prescribed channel. One of the punishments dated 28.6.1992, however, came to be expunged from his service record on acceptance of his representation/appeal by the higher authorities. All the four punishments earned by him were duly recorded in his service record. On the basis of four red entries in his service record, a Show Cause Notice was issued to him.
(3.) A show cause notice dated 13.7.1993 was sent to him directing him to show cause why he should not be discharged from service vide item III(V) of Table Annexed to Army Rule 13 for having suffered four punishments referred to in the Show Cause Notice. It was also mentioned that on account of his persistent unsatisfactory record, he has proved himself undesirable and whose retention in service is considered in advisable. This show cause notice was allegedly sought to be served upon him by the CEO on 17.7.1993, who has alleged that the petitioner refused to acknowledge the show cause Notice.;