Pradeep Kant, J.

Heard the Petitioner in person and Sri. Yogesh Kesharwani for the Respondent.

2. The Petitioner was enrolled in the Army Medical Corps on 11.9.1984 on the post of clerk, as Non-Commissioned Officer (in short N.C.O.) and remained in service for 11 years and 141 days. While posted at Gangtok Military hospital since September, 1993, he was served with a notice of discharge in February, 1995. The notice of discharge was challenged by the Petitioner in the Sikkim High Court by means of Writ Petition No. 2 of 1995, in which initially a restraint order was passed directing the army authorities not to give effect to the letter of discharge dated 14th February, 1995.

3. The writ petition was, however, disposed of vide order dated 19.8.1995 saying that the Petitioner without availing the departmental remedy has approached the Court straightaway, and therefore, liberty was given to the Petitioner to file a statutory complaint with the appropriate authority. The Petitioner appears to have filed a statutory complaint but it is not much of significance as the Responde