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2000 Supreme(MP) 908

R.S.GARG
Prem Prakash Ambedkar – Appellant
Versus
Union of India – Respondent


Advocates:
P.P. Ambedkar for petitioner; Smt. Indira Nair for respondents.

ORDER

1. By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge his discharge from the Armed Forces on the ground that firstly he was wrongly retired, and secondly no proper opportunity was given to the petitioner before the discharge order was issued.

2. The details of the facts at this juncture are not necessary barring few facts. Undisputedly the discharge order was issued from Secundrabad and was ultimately served upon the petitioner who was serving at Pathankot. According to the petitioner, his wife had made a statutory complaint/appeal against unceremonious discharge of the petitioner and the petitioner also made a statutory appeal to the authorities, but his appeal has yet not been considered; while the appeal sent by his wife was rejected, and the order dismissing the appeal filed by wife was conveyed to him at Jabalpur. The petitioner says and submits that during his service tenure on two occasions he was posted at Jabalpur and when he was indisposed of, he was treated at Jabalpur, and as he is a permanent resident of Jabalpur, this Court has jurisdiction to hear and decide the petition.

3. On the other hand, the respondents have su















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