IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 28406 of 2007 Between: Yogendra Singh (JC-759922-M NAIB SUBEDAR TCM [RADAR] R/o. HQ MC EME, Secunderabad [AP]. ..... PETITIONER AND 1 The Union of India, rep. by its Secretary, Ministry of Defence, Government of India, New Delhi - 110 011. 2 The Directorate General, EME (Pers) Integrated HQ (ARMY) Ministry of Defence, Government of India, New Delhi - 110 011. 3 The Officer Incharge, EME Records, Secunderabad (AP). 4 The Colonel Administration & Officer Commanding Troops, HQ MC EME, Secunderabad (AP). .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a direction, orders or a Writ; more appropriately one in the nature of a Writ of Mandamus directing/declaring the action of the respondents herein "Declare the action of the Respondents herein of discharging the petitioner herein from service on and w.e.f. 31.12.2007 as being arbitrary, without any authority of law, contrary to petitioner's right to continue in service till 30.11.2008 and therefore, being in violation of petitioner's Fundamental Rights guaranteed under Article 14, 16 and 21 of the Constitution of India, Ultra vires" and pass such other direction, order or orders that may be deemed to be just and proper in the circumstances of the case and also in the interest of justice. Counsel for the Petitioner: MR.VISHAL SAXENA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following: ORDER: The petitioner was discharged from Army with effect from 31.12.2007. This writ petition is filed challenging the validity of the order of discharge. Several contentions have been urged. However, after hearing the learned counsel for the petitioner and the learned Standing Counsel for the respondents, this Court is of the view that the petitioner can avail the remedy provided for under paragraph 364 of Regulations of the Army, 1986, by submitting a complaint to the Chief of the Army Staff. Hence, the writ petition is disposed of, leaving it open to the petitioner to avail the remedy of submitting a complaint/representation to the Chief of the Army Staff. As and when the petitioner submits his complaint/representation, the same shall be dealt with on its own merits by the authorities concerned. There shall be no order as to costs. ______________ 19.03.2008 Note: Issue cc in three days. (B/o) kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}