JUDGMENT :

Siddhartha Varma, J.

1. The instant case relates to a Gentleman Cadet who could not pass out as an Officer on account of the fact that on 07.08.2017, he was served with a relegation order and thereafter, on 20.12.2017/ 21.12.2017, he was withdrawn from the Officers Training Academy.

2. Before proceedings further with the order, it would be relevant to understand three specific terms which would be used in the instant judgement. They are

(i) Restriction;

(ii) Relegation; and

(iii) Withdrawal.

3. The meaning of these three terms can be got from the Administrative Instructions which are issued by the Army Training Command, Shimla. The Administrative Instructions govern the functioning of the Indian Military Academy, Dehradun, Officers Training Academy, Chennai and the Officers Training Academy, Gaya. From the Administrative Instructions when we try to glean out the meaning of the terms Restriction, Relegation and Withdrawal, we realize that the Instructions have tried to have a “Discipline Policy” which is more corrective and reformatory in nature and it is not exactly punitive. Be that as it may, while punishments are awarded, there are times, when they become serious enough when they result in the withdrawal of the candidate from the Academy; meaning thereby that upon the punishment of withdrawal being imposed the Gentleman Cadet loses his chance of becoming an Officer.

4. The word “Restriction” has been defined in the “Discipline Policy” as a minor punishment for minor offences.

“Relegation” again is a punishment which is therefor slightly more serious offence and has been defined in paragraph 60 of the Instructions. To understand the term “Relegation”, paragraph 60 will have to be perused.

“60. A GC / LC/ Service Cadet may be relegated to the junior term for the following reasons:-

(a) If he/she possesses the basic qualities of an officer, but requires more time to come up to the laid down standards.

(b) If a GC/ LC misses more than 42 days of training in any term at IMA/ OTA, Chennai/ OTA, Gaya, owing to medical reasons or any other reason. The period of 42 days of absence from training will include the following:-

(i) Admission in hospital including Attend ‘C’/ Bed Rest.

(ii) Sick Leave.

(iii) Special Leave (refer Paragraph 129(c) below).

(iv) Absent Without Leave (AWL)/ Overstaying Leave (OSL), if not relegated for this offence / misconduct earlier.

(v) 25% of the period as LMC and excused physical activity (excused Physical Training, Parade, Games and such like category).

Note. Sundays and holidays being observed by the Academy, mid term break, term break, leave granted for SSB (refer Paragraph 129 (d) below) and absence due to organised activity like attending Cadet Exchange Programme and attending sports events as part of the Academy team in other Academies or elsewhere, will not be counted towards training missed

(c) If a Service Cadet in ACC Wing misses more than 42 days of training in any term in ACC Wing, owing to illness or other medical reasons. Marginal cases, (one to three days) will, however, be referred to HQ ARTRAC along with the recommendations of the Commandant, IMA or a decision.

(d) If a GC/ LC/ Service Cadet is awarded more than 42 Restrictions in a term or 60 or more Restrictions in any two consecutive terms.

(e) If he/ she fails to achieve the required pass marks in academics and service subjects, fails to achieve minimum standards in outdoor training, including physical training and any other aspect/ sphere of training, including Officer Quotient and the required standard in overall performance

(f) On disciplinary grounds, (A Court of Inquiry will invariably be held in such cases and wherever necessary, provisions of Army Rule 180 to be imposed for conduct of the same in respect of Service Cadets and in respect of non service GCs/ LCs tenets of natural justice should be applied).

(g) Any other reason within the control of the GC/ LC/ Service Cadet.”

5. Likewise to understand the punishment of “Withdrawal”, we wi