This writ appeal is against the judgment and order dated 1.8.96 passed by the learned Single Judge in CR No. 1952 of 1996 dismissing the writ petition wherein the appellant herein as petitioner challenged the orders by which he was discharged from service and also his application for reinstatement was rejected.

2. The petitioner, a graduate with Honours in Assamese, after due selection in the interview was appointed as Havildar-Clerk in the Indian Army on 29.8.90 and was sent for training to Roorkee. On completion of the training while the petitioner was expecting regularisation of his service by order dated 1.3.92 passed by the Commanding Officer of the Training Battalion he was discharged. Against the order the petitioner approached the statutory authority under section 26 of the Army Act and that was rejected on 16.7.92, another appeal which was preferred was also rejected. Again, ground for the discharge from the service was found to be his involvement in a criminal case being GR No.339 of 1987 under sections 147/148/427/506IPC which was pending in the Court of Chief Judicial Magistrate, Guwahati at the time of his first entry in service. Though, ultimately the