B.S.CHAUHAN,J. - (1.) IN the instant, petition, petitioner has challenged the impugned order dated 5.1.1993 contained in Ex. 3 to the petition, by which the petitioner has been dismissed from service.
(2.) PETITIONER had joined the Air Force as non combatant enrolled person in the trade of Lascar (class IV] on 6.3.1985. Petitioner was issued a show cause notice on 30.9.1992 contained in Ex. 1 to the petition why action should not. be taken against him to separate him from service under Section 20 of the Air Force Act, 1950, hereinafter called 'Act' as he entered in the service by making misrepresentation. Petitioner filed reply to the same on 19.10.1992, which is contained in Ex. 2 to the petition. After considering the same, the services of the petitioner were terminated vide impugned order dated. 5.1.1993. Being aggrieved and dissatisfied, petitioner has filed the instant petition for quashing of the impugned order date 5.1.1993 contained in Ex. 3 to the petition. Heard S/Shri R.C. Gaur learned Counsel for the petitioner and S.S. Lal learned Counsel for the respondents.
(3.) SHRI Lal has raised a preliminary objection that the petitioner has filed the instant petition without availing the remedy of appeal under Section 26 of the Act, 1950.;