- (1.) The petitioner has invoked the writ jurisdiction of this Court for claiming a writ of certiorari for quashing orders dated 31-01-2007 (Annexure P-1) and 27-04-2007 (Annexure P-2) whereby the claim of the petitioner for pension was rejected.
(2.) The petitioner was enrolled as a Sepoy and was allotted to 4 Sikh Light Infantry on 16.11.1985. The petitioner did not join his duties after expiry of his annual leave from March 2000 to May 2000. He was handed over to his unit by the civil police after he was apprehended in September, 2000. The petitioner was tried by Summary Court Martial under section 39(b) of the Army Act, 1950 (hereinafter to be referred as "the Act"). An order of dismissal from service was passed on 22.03.2001 (Annexure P-2).
(3.) Learned counsel for the petitioner has contended that since the petitioner has rendered service for almost 15 years, therefore, he is entitled to pensionary benefits as such pensionary benefits cannot be deemed to be forfeited by an order of punishment passed on 22.03.2001. Reliance is placed upon judgment of Supreme Court reported as Major G.S. Sodhi v. Union of India, 1991 2 SCC 371 and Full Bench decision of Delhi High Court in Brig. A.K. Malhotra v. Union of India and others, 1997 4 SLR 51. Reliance is also placed upon decision of Supreme Court in D.V. Kapoor v. Union of India and others, 1990 4 SCC 314.;