IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.13297 of 2007 Date of Decision: March 20, 2009 Kabal Singh .....PETITIONER(S) VERSUS Union of India & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. K.S. Kahlon, Advocate, for the petitioner. Mr. Navin Chopra, Central Government Standing Counsel, for the respondents. . . . AJAI LAMBA, J (Oral) This civil writ petition filed under Article 226/227 of the Constitution of India with a prayer that Orders dated 26.9.2003 and 10.7.2006 (Annexure P-4 and P-6, respectively) be quashed and the respondents be directed to award disability pension to the petitioner with effect from the date of discharge from the Army. Effect of order dated 26.9.2003 (Annexure P-4) is that case of the petitioner had been examined by service headquarters in the context of order of discharge from service on 12.5.2003 under Army Rule 13(3) Item (iv). It has been CWP No.13297 of 2007 [2] concluded that the petitioner was unlikely to become an efficient soldier as he could not pass the tests as applicable even after giving adequate chances and hence he could not be reinstated. The petitioner prayed for withdrawal of order of discharge and to be allowed to enter the service again. Order dated 10.7.2006 (Annexure P-6) is an order passed as a consequence of directions issued by this Court in Civil Writ Petition No.3343 of 2006 in response to the legal notice served on behalf of the petitioner. Perusal of the order discloses that the petitioner was enrolled in the Army on 10.2.2002. While undergoing basic military training, the petitioner missed 42 days of training period due to hospitalisation and sick leave for treatment of stress fracture (Right Tibia). During training, the petitioner failed BPET Test. Show cause notice was issued. The petitioner again missed training for 40 days due to hospitalisation and sick leave for treatment of stress fracture (Left Tibia). The name of the petitioner came up for 3rd relegation. The petitioner was issued show cause notice on 19.4.2003 by the Punjab Regimental Centre with instructions to reply to show cause notice by 30.4.2003, failing which, action would be taken for discharge from service on training grounds because the petitioner could not pass the prescribed physical tests. The order of discharge was passed on 6.5.2003 under Army Rule 13(3) Item (iv) and the CWP No.13297 of 2007 [3] petitioner was discharged on 11.5.2003. Learned counsel for the respondents has drawn the attention of the Court towards the fact that the petition is based on concealment of material facts in so much as the petitioner had earlier approached this Court by way of filing Civil Writ Petition No.1199 of 2006. The petition had been dismissed vide Order dated 30.1.2006 (Annexure R-4) in the following terms:- “The prayer made in the present writ petition is to issue directions to the respondents to take the petitioner back on duty with all consequential benefits. From the perusal of the averments made in the writ petition, it is apparent that the cause of action, if any, has arisen to the petitioner outside the territorial jurisdiction of this Court. Consequently, the present writ petition is dismissed with a liberty to the petitioner to approach the Court of competent jurisdiction.” This order passed by the Division Bench has not been disclosed in the present petition in terms of its contents. Rather Para 11 of the writ petition reads as under:- “That the petitioner has not filed any such or similar petition either in this Hon’ble Court or in Hon’ble Supreme Court of India except CWP No. 1199 of 2006 which was dismissed as withdrawn as earlier the relevant rules were not incorporated in the writ petition....” I have considered the issue. Learned counsel for the petitioner has not been able to justify giving out wrong facts in the petition so as to make it maintainable. Considering the facts and circumstances as given out, I am of the opinion that the petitioner has concealed material facts. CWP No.13297 of 2007 [4] The petition is dismissed with costs Rs.5,000/-. (AJAI LAMBA) March 20, 2009 JUDGE avin