Q: Explain the citation of Veerendra Kumar Dubey V. Chief of army staff and ors ?

Ans: 
Supreme Court of India
Veerenndra Kumar Dubey vs Chief Of Army Staff & Ors on 16 October, 2015.

The appellant was enrolled as an Operator in the corps of Artillery of Indian Army on 27th September, 1980. Having served in that capacity for nearly 12 years, he received a show cause notice pointing out that he had been awarded four red ink entries for various offences set out in the notice and that the appellant had become a habitual offender thereby setting a bad example of indiscipline in the army. The notice, on that premise, called upon the appellant to show cause as to why he should not be discharged from service under Army Rule 13(III)(v) read with Army HQ letter No.A/15010/150/AG/PS-2(c) dated 28th December, 1988.
The appellant submitted a reply to the show cause notice which does not appear to have cut any ice with the competent authority resulting in his discharge by an order dated 14th December, 1992. Aggrieved, the appellant preferred an appeal before respondent No.2 which proved of no avail. The authority in the meantime issued a discharge order/certificate of service on 15th October, 1993 which the appellant challenged in MP No.1980 of 1994 before the High Court of Madhya Pradesh at Jabalpur. That petition was dismissed by the High Court on 18th January, 2006 on the ground of lack of territorial jurisdiction aggrieved whereof the appellant filed Writ Appeal No.429 of 2006 which came to be transferred to the Armed Forces Tribunal, Regional Bench, Lucknow and renumbered as Transferred Application No.16 of 2011. The Tribunal by its order dated 14th December, 2011 has now dismissed the transferred petition giving rise to the present appeal.
The appeal succeeds in honourable Supreme Court and is hereby allowed. The order of discharge passed against the appellant is hereby set aside. Since the appellant has already crossed the age of superannuation, interest of justice will be sufficiently served if we direct that the appellant shall be treated to have been in service till the time he would have completed the qualifying service for grant of pension. No back wages shall, however, be admissible. Benefit of continuity of service for all other purpose shall, however, be granted to the appellant including pension. Monetary benefits payable to the appellant shall be released expeditiously but not later than four months from the date of this order.
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