Mr. S.S. Saron, J.: - The petitioner seeks quashing of the order dated 6.8.2012 (Annexure P6) passed by the Armed Forces Tribunal, Regional Bench Chandigarh, Chandimandir whereby the petition of the petitioner seeking quashing of the letter dated 31.7.2004 (Annexure P5) with respect to his discharge from service has been dismissed.

2. The petitioner was enrolled in the 22nd Battalion of the Sikh Regiment as an Infantry Soldier of the Indian Army on 2.10.2001. According to him, he belongs to the ‘Kumhar Sikh’ community. On the basis of a certificate issued by the Sub-Divisional Officer in this regard, which was submitted by the petitioner to the army authorities, he was recruited to the Sikh Regiment. Thereafter, the army authorities sought a report from the Sub-Divisional Officer who had issued the certificate as regards its authenticity. The Sub-Divisional Officer (Civil), Safidon, District Jind (Haryana) vide letter dated 23.8.2000 submitted that the certificate was issued to the petitioner for the Backward Classes (Kumhar), however, the caste certificate incorporating ‘Kumhar Sikh’ was not issued. The word ‘Sikh’ might have been added by the individual himself. Therefore, it was observed by the army authorities that the petitioner had got himself enrolled in the Sikh Regiment by tampering with his caste certificate. Action was initiated against him and he was discharged from the Army under Rule 13 (3) Item (iii) (v) of the Army Rules 1954. The petitioner filed a statutory complaint against his discharge and in terms of the impugned letter dated 31.7.2004 (Annexure P5) issued by the Sikh Regiment Abhilesh Karyalya Records, the Sikh Regiment, Ramgarh Cantt., Jharkhand he was informed that he had got himself fraudulently enrolled and the action to discharge him from service in terms of Army Head Quarters letter No.A/110064/Rtg. (OR) (a) dated 29.1.1990 and Section 44 of the Army Act, 1950 was in order.

3. The petitioner filed a writ petition in this Court challenging his discharge from service. On the Constitution of the Armed Forces Tribunal (‘Tribunal’ – for short), the petition was transferred to the said Tribunal. The learned Tribunal inter alia observed that in the caste certificate that was issued by the Sub-Divisional Officer, the caste of the petitioner was written as ‘Kumhar’ but the petitioner by tampering with the certificate added the word ‘Sikh’ after the word ‘Kumhar’ and projected himself as ‘Kumhar Sikh’. The said fact stood established by the letter of the Sub Divisional Officer attached with the written statement filed on behalf of the respondents. The petitioner did not challenge the aforesaid letter of the Sub Divisional Officer by filing any replication, rejoinder or any document in rebuttal showing the letter to be ingenuine. It was, however, contended on behalf of the petitioner that he had been discharged without show cause notice. The learned Tribunal observed that there was no necessity to issue a show cause notice as the Sub Divisional Officer had himself verified in response to the letter from the Army that the original certificate issued by him had been manipulated with and the word ‘Sikh’ had been added at the end by the petitioner himself after the certificate was issued. It was observed that issuing of show cause notice is not mandatory.

4. Learned counsel for the petitioner has contended that there has been a violation of the principles of natural justice and fair play. It is submitted that the denial of the principles of natural justice is unlawful and are arbitrary curtailment and deprivation of the basic rights of the petitioner and denial of an opportunity to a fair and independent inquiry.

5. We have given our thoughtful consideration to the matter. As already noticed, it is the admitted position on record that the certificate regarding the caste of the petitioner which he submitted for being enrolled in the Sikh Regiment of the Indian Army had been tampered with. The certificate