The discharge of an Armed Forces personnel, categorized as an 'undesirable soldier' due to a pattern of habitual indiscipline, is valid if proper procedure is followed; such personnel are not entitled to notional reinstatement for pension purposes if they fail to meet the mandatory service duration.

9,

ORDER

21.11.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA, praying for directing the Respondents to quash and set aside Discharge Order dt 31.10.1999, treat him to be notionally in service in the same rank from the date of discharge till the date of attaining the qualifying pensionable service and thereafter grant him service pension/ pensionary benefits along with interest on arrears @ 9% per annum.

2. Brief facts of the case are that the Applicant was enrolled in the Army in 1982 as a Cook. While posted to 20 Rajputana Rifles, the Applicant sustained injuries during exercise for which he was admitted in Military Hospital, Ferozepur and after treatment he was sent on Sick Leave for 20 days. On completion of Sick Leave, the Applicant reported on duty but he was handed over Discharge Certificate by the Head Clerk and was directed to go back to home. The Applicant submits that he was discharged from Service without issue of any show cause notice and giving an opportunity of being heard. In reply to the Legal Notice dt 30.10.2023 issued to the Respondents, it was intimated that the Applicant has been paid an amount of Rs. 18,827/- on account of AFPP Fund but nothing stated about his illegal discharge from Service. The Applicant placed reliance on Hon'ble Supreme Court in the case of Veerendra Kumar Dubey Vs COAS , JT 2015 (9) SC 394 and submitted that the Respondents arbitrarily discharged him from Service without taking into consideration the length of service rendered by him. In view of the aforesaid averments, the Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and submitted that the Applicant was enrolled in Army on 26.10.1983 and after rendering 11 years and five days of service (including 387 days of Non Qualifying Service), he was locally discharged from Service on 30.10.1994 (AN) in terms of Rule 13(3) III (v) of Army Rules, 1954 being an Undesirable Soldier. While in service, the Applicant committed various offences under Sections 39(a) - Absent without Leave and 39 (b) - Over Stayal on Leave and was awarded Rigorous Imprisonment for five times between 18.03.1985 and 10.07.1994. In addition, he was also awarded punishment of 7 days confinement to lines on 04.04.1985 for an offence under Army Act Section 44, ie., False Answer on enrolment. The Applicant was a perpetual offender and despite giving him ample opportunities, he failed to show improvement in his conduct and military discipline as that expected of a soldier. Under the provisions of Army Headquarters letter No A/13210/AG/PS-2(c) dt 28.12.1988, a person may be discharged from Service as an undesirable soldier, after issuing a Show Cause Notice. The Applicant was issued Show Cause Notice on 22.10.1994 which was replied to by the Applicant on 30.10.1994. Taking into consideration the service profile of the Applicant and the reply filed by him, the Competent Authority decided to terminate the services of the Applicant on administrative grounds in the interest of the organization as his further retention in service would have been a bad example amongst other soldiers. Accordingly, the discharge of the Applicant was sanctioned on 31.10.1994 by the Competent Authority, ie., Commander 65 Infantry Brigade as "Service No Longer Required being an Undesirable Soldier" under Rule 13(3) III (v) of Army Rules, 1954 and, consequently, the Applicant was locally discharged from Service on 31.10.1994 (AN). There is no provision for notional reinstatement of an undesirabl