Disciplinary action against military personnel must follow proper procedure and uphold principles of natural justice, with limited grounds for judicial interference.

1. The instant writ petition has been filed by the Petitioner with the following prayers:-

“(a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, Direction or Order quashing and setting aside the

(b) impugned Punishment order dated 17.08.2010 (Annexure P- 1) "Severe Reprimand" awarded to petitioner on basis of Charge-Sheet dated 9.08.2010 (Annexure P-2) being illegal, arbitrary, afterthought, unjust, ineffective and not maintainable in law and facts and against the principles of natural justice as stated in the preceding paras, in the interest of justice;

(c)ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT or Order by quashing and setting aside the Discharge Order No.1523/T-4/24/CA-2(MP) dated 27.01.2012 (Annexure P-3) and Movement Order No.23602/Est dated 30.09.2012 (Annexure P-4) issued by 231 Field Workshop Coy EME being wrong, illegal, not in order, without jurisdiction, based on illegal and false punishment and without sanctioning of discharge by the competent authority under Army Rule;

(d) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT or order(s) for quashing and setting aside the discharge part-II Order No. 0/0274/02/2012 dated 1.10.2012 published by 231 Fd. Wksp. Coy. (617 EME Bn.) C/o 99 APO (Annexure P-5) and Discharge Book S. No. 01/2016 dated 13.02.2016 (Annexure P-6) issued to the petitioner on 18.02.2016 being false, wrong, incomplete, illegal, retrospective, not in order, without sanctioning of discharge by the competent authority under Army Rules and invalid;

(e) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT or Order (s) or direction directing the respondents to reinstate the petitioner in services with promotion to higher rank of Subedar Major as per the seniority of his batch mates and Honorary Captain and with all other consequential benefits till the actual age of superannuation i.e. 30.09.2017 with immediate effect;

(f) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT or Order (s) or direction directing the Respondents to pay interest at the rate of 24 % per annum on the overdue arrears of petitioner;

(g) ISSUEA WRIT OFMANDAMUS OR ANY OTHER WRIT or order(s) directing the respondents to pay compensation to the petitioner on account of non payment of salary or any other monetary relief to the petitioner for last 04 years, and causing humiliation, harassment, mental agony, non-clear of status, loss of job, disability due to injury of Rt. Leg, lack of social services, lack of livelihood, unemployment, lack of standard of living including food, housing, clothes and false stigma on character.

(h) PASS such further order(s) as this Hon'ble Court may deems fit and proper in the facts and circumstances of the present case. ”

2. Shorn of unnecessary details, the facts of the case reveal that the Petitioner got enrolled with the EME Corps as a Craftsman in the year 1984. It is stated that the Petitioner was promoted to the rank of Naib Subedar on 01.03.2002 and further to the rank of Subedar on 1.11.2006.

3. Proceedings were initiated against the Petitioner alleging indiscipline. The case against the Petitioner is that vide Vehicle Depot Workshop, EME, Delhi Cantt. Movement Order No.23602/Est-1 dated 09.04.2009, he was ordered to proceed on attachment to HQ Technical Group EME, Delhi Cantt. but he did not do so. For the said act of disobeying a lawful command, the Petitioner was awarded the punishment of ‘severe reprimand’ under Section 41(2) of the Army Act , 1950.

4. Material on record indicates that the Petitioner was marched up to the Commanding Officer on a Tentative Chargesheet dated 04.09.2009 for thr