Armed Forces Tribunal
Ex Hav Vijendra Singh Shekhawat (Army) vs UOI & Others on 17 April 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
1.
OA No 42/2011
No-13618232Y Ex Hav Vijendra Singh Shekhawat, S/o Sh. Shishupal Singh, R/o VPO-Ponkh, Tehsil-Udaipurwati, Distt-Jhunjhunu (Raj)
…. Applicant
Versus
1.
Union of India, Through the Secretary to the Govt of India, Ministry of Defence, New Delhi-110011
2.
The OIC Records, The Parachute Regiment
PIN-900493, C/o 56 APO
3.
The PCDA (P), Allahabad (UP)-211014
…. Respondents
For Applicant
: Ms. Anjali Minocha, Advocate
For Respondents
: Mr. Pyare Lal, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
17.04.2026
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to quash and set aside Discharge Order of the Applicant and re-instate the Applicant back in Service and grant promotion to the rank of Naib Subedar with all consequential benefits.
2. After perusal of records and hearing the matter at length, it is revealed that after serving for more than 21 years, the Applicant was discharged from Service on 31.10.2010 at his own request on extreme compassionate grounds for which he has been granted Service Pension for life. The documents placed on record reveal that the Applicant was consuming alcohol regularly leading to his being placed in low medical category S2 (T-24) as a case of “Harmful use of Alcohol”. On his abstinence from the use of Alcohol, he was upgraded to medical category “SHAPE-1”. However, he was again placed in low medical category due to his regular drinking. The Applicant was also awarded punishment of “Severe Reprimand” on 02.03.2010 under Army Act Section 48 (Intoxication) on being found on duty in a heavily intoxicated state. After issue of Discharge Order, the Applicant did not make any representation for cancellation of his discharge order.
3. During the course of arguments, it was observed that since the Applicant was discharged from Service at his own request and not on administrative grounds and he made no appeal before the Competent Authority to challenge his Discharge Order, there was no illegality in the discharge of the Applicant from service. On knowing the same, Learned Counsel for the Applicant seeks permission to withdraw the case with liberty to file the case afresh before appropriate forum to get the punishment of “Severe Reprimand” awarded to the Applicant on 02.03.2010 under Army Act Section 48 quashed and set aside and thereafter take appropriate legal remedy for his reinstatement in service, if so desired.
4. Taking note of the overall facts and circumstances of the case, we allow the Applicant to withdraw the OA with liberty sought for.
5. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
6. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-