| Honesty is mandatory, not optional, in Army enrolment: DB | | | Early Times Report
JAMMU, Aug 31: The High Court of Jammu and Kashmir and Ladakh has dismissed a writ petition filed by Dharminder Kumar, a former Territorial Army recruit, who had challenged his discharge from service for concealing information about his involvement in a criminal case.
A Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem, while pronouncing the verdict through virtual mode from Srinagar, upheld the findings of the Armed Forces Tribunal (AFT), Srinagar Bench at Jammu, which had earlier rejected his plea.
Kumar was enrolled in the 156th Infantry Battalion of the Territorial Army on February 15, 2016. During his training, the authorities received communication from the police and the Sub-Judge (JMIC) Nowshera that he was facing trial in FIR No. 79/2015 under Sections 451, 147, 148, 323 of the RPC and Section 4/25 of the Arms Act.
Despite a clear question in the enrollment form about prior imprisonment, criminal cases, or police complaints, the petitioner had answered "No." The authorities, finding the response false, issued a show-cause notice and subsequently discharged him from service on December 29, 2016, under Territorial Army Regulations, 1948.
The AFT dismissed his challenge in 2018, holding that no formal inquiry was necessary in such cases and that concealment of material facts during enrollment justified termination. A review petition filed by him was also dismissed the same year.
Endorsing the Tribunal's reasoning, the High Court noted that the petitioner had knowingly suppressed his criminal antecedents, depriving the Army of its right to assess his suitability. The Bench relied on Supreme Court judgments in Avtar Singh vs. Union of India and Union of India vs. Shishu Pal @ Shiv Pal, observing that integrity and truthfulness are paramount for military service.
"The petitioner, at the time of his enrollment, knowingly made a false statement regarding his involvement in a criminal case. The subsequent discharge order cannot be termed arbitrary or illegal," the Bench observed.
Dismissing the plea as devoid of merit, the High Court affirmed the validity of the discharge, underlining that honesty is mandatory, not optional, in Army enrolment.
(JNF) |
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