IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15822 of 2009 RAJ KUMAR SINGH (GNR. SFWL NUMBER 14422245-A) S/O RAMAYAN SINGH R/O VILL.- HARIHARPUR, P.O. BILOTI, P.S.- SHAHPUR, DISTT.- BHOJPUR (ARA) Versus 1. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI 2. THE LT. COLONEL, 190, MED. REGIMENT, C/O 54 A.P.O. 3. THE MAJOR GENERAL, 190, MED. REGIMENT, C/O 54 A.P.O. 4. THE BRIGADIER COMMANDER, 190, MED REGIMENT, C/O 54 A.P.O. 5. THE DIRECTORATE GENERAL OF ARTILLERY (ARTILLERY-10) GENERAL STAFF BRANCH, ARMY HEADQUARTERS, BHQ, P.O. NEW DELHI- 110011 6. THE DY. DIRECTOR, ARTILLARY-10, GENERAL STAFF BRANCH ARMY HEAD QUARTER DBQ, P.O.- DELHI- 410011 7. THE SENIOR RECORDS OFFICER, ARTILLERY RECORDS, NASIK ROAD CAMP- 422102, APS, PIN- 908802 --------- 02. 20.11.2009 Heard learned counsel for the petitioner and the Union. 2. Petitioner at the relevant time served as Gunner with 54 Artillery Brigade is aggrieved by the order dated 24.12.2008 whereunder he has been discharged from the Brigade as he failed to submit reply pursuant to show cause notice dated 17.12.2008, Annexure-1. 3. It is submitted on behalf of the petitioner that having received notice dated 17.12.2008, Annexure-1 whereunder he has been granted one last chance to show cause observing that his detention in the armed forces is viewed undesirable, under some erroneous legal advice did not submit reply within the time granted in the show cause notice and was dismissed under order dated 24.12.2008 passed by the Commander-54 Artillery Brigade. It is submitted that the petitioner has not been served with the order dated 24.12.2008 and this Court may ensure service of the copy of the said order to him so that he may take legal remedy against the said order dated 24.12.2008 before the forum in jurisdiction. The order dated - 2 - 24.12.2008 if not already served on the petitioner then the same may be handed over to him by the Commander-54, Artillery Brigade. The order dated 24.12.2008 has been passed without the benefit of the cause shown by the petitioner pursuant to notice dated 17.12.2008. The Commander, if so inclined may grant the petitioner one more opportunity to file reply and pass appropriate orders considering the same in accordance with law. 3. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)