AFT | No illegality in discharge from service if enough opportunities given to show cause against the same

Armed Forces Tribunal, New Delhi: A Bench of Virender Singh, Chairperson and Lt. Gen. Sanjiv Chachra, Member dismissed the original application filed, in limine.

The application originally sought to question the discharge certificate, wherein the applicant was discharged from the service upon his failure to achieve the minimum qualifying standard. Further, he even asked the tribunal to give directions to the respondent to award him grace marks considering the past performance. The respondent justified their action by providing relevant documents where they had provided sufficient opportunity to the applicant to improve his performance in training and even warned his father, that there would be ‘cease training’ and discharge from service according to the existing rules, in case of failure in the examination.

The Court did not find material facts in dispute. Moreover, there was no question of illegality in complying with the laid down legal procedure by the respondent, since ample opportunity was afforded to the applicant to improve his performance and later providing him with show cause against the contemplated discharge. [Dharmender v. Union of India, 2019 SCC OnLine AFT 1, Order dated 15-01-2019]

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