PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this writ petition for the following reliefs:- "A. by an appropriate writ, order or direction of this Hon'ble Court, the impugned order dated 28.11.2017 passed by The Records Signals PIN 908770 C/o 56 APO (Respondent No.4), may kindly be declared illegal and violative of Rule 13 of the Army Rules 1954 and same may kindly be quashed and set. Consequently the impugned communication dated 21.12.2017 conveyed to petitioner no.2, may kindly be held illegal and same may kindly be quashed and set aside, with direction to the respondents to restore the discharge order dated 15.06.2017, with all consequential service benefits. 2. by an appropriate writ, or direction in the nature thereof, the impugned statement of Cases (SoC) made by the respondents to cancel discharge of petitioner No. 2, contrary to verdict of Medical Board, may kindly be held to be illegal and unsustainable in the eye of law and be quashed and set aside. 3. by an appropriate writ or direction in the nature thereof, the entire disciplinary proceedings, conducted by the respondents, consisting of Court of inquiry (COI), hearing of charge held by present Commanding Officer of petitioner No. 2 and recording of Summary of Evidence (SoE), without supplying copy of charge-sheet and court of enquiry report, be declared violative of principles of natural justice and be held to be non-est in the eye of law and non-effective against right of petitioner No. 2. 4. by an appropriate writ, order or direction, the respondents may kindly be directed to release withheld salary of petitioner No. 2 and also ration, to which he is entitled to accordance to law. 5. by an appropriate writ order or direction, a heavy exemplary cost to the tune of Rs. 2,00,000/- may kindly be imposed against erring army officer, responsible for causing harassment and victimization of petitioners. 6. Any other order or direction, which this Hon'ble Court deemed just and proper be passed in favour of the petitioner."
(2.) Brief facts, as noticed by this Court are that the petitioner was enrolled in Indian Army after due selection process on 31.01.2002. The petitioner suffered from low medical category on account of Spondylitis and Panic Disorder. The impugned order in the writ petition was passed on 28.11.2017 by which the approved discharge of petitioner from the Army service on account of low medical category was cancelled. The petitioner was ordered to be discharged earlier from Army on medical grounds by a duly constituted Medical Board of Army due to sickness of Spondylitis and Panic Disorder. The petitioner was declared unfit to be retained in Army service and his invalidation was ordered by Medical Board constituted under Rule 13 of Army Rules, 1954. The discharge in pursuance of such order was to take place on 30.11.2017 but before the order could be given affect to, impugned order of cancellation of order of discharge was passed on 28.11.2017 on account of a pending enquiry.
(3.) While enquiry by the respondents was going on at the earlier stage, the court martial of petitioner was conducted and a final order was passed on 19.03.2018. The Court martial has found the petitioner to be guilty of all the 11 charges and an order of punishment was passed which ordered dismissal of petitioner from the service and one year rigorous imprisonment:-"Charge Sheet The accused No. 15671949N Signalman (Steward) Ganesh Kumar Jha of 12 Corps Signal Regiment (Army Radio Engineering Network) attached with 164 Medium Regiment (PARBAT ALI), is charged with:- JUDGEMENT_238_LAWS(RAJ)3_2018_1.html Sd/- Place : Jodhpur (Gaurav Rathore) Date : 09 March 2018 ColonelCommanding Officer164 Med Regt (PARBAT ALI);