Page No.# 1/5 GAHC010101022018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3156/2018 CHUNU MIA CHOUDHURY S/O. LATE HABIB ALI CHOUDHURY, R/O. VILLAGE- BALIKANDI PART-1, P.O. BHATIRKUPA, DISTRICT- HAILAKANDI, ASSAM. VERSUS THE UNION OF INDIA AND 3 ORS. REPRESENTED BY THE DEFENCE SECRETARY TO THE GOVT. OF INDIA, NEW DELHI. 2:THE CHIEF OF THE ARMY STAFF SOUTH BLOCK NEW DELHI- 110001 3:THE COMMANDANT HEADQUARTER WING ASC CENTRE (NORTH) PAHARPUR GAYA-5. 4:THE SENIOR ACCOUNTS OFFICER NO. EDP/M/MISC/PG-1 C/O.- THE PCDA (P) ALLAHABAD- 21101 Advocate for the Petitioner : MR. S ISLAM, MR B K MISHRA,MR A HAWARI Advocate for the Respondent : ASSTT.S.G.I., MR. D C BORAH (CGC) Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 21.04. 2026 Heard Mr. S. Islam, learned counsel appears for the petitioners, also heard Mr. D. C. Borah, learned CGC appears for the Respondents. 2. The petitioner before this Court was serving as a “Sepoy” of Army Supply Corps. The petitioner was dismissed from service on 11.09.1999 due to unauthorized leave. The writ petition was filed by the petitioner being WP(C) No. 312 of 2000 challenging his dismissal and the writ petition stood dismissed by order dated 29.11.2005. The petitioner thereafter submitted several representations before the higher authority seeking release of his service benefits including issuance of a discharge certificate. Since these benefit were not granted to the petitioner, the petitioner approached this Court by filing this present writ petition. 3. Notice in the matter was issued on 21.05.2018. 4. It is submitted by the learned counsel for the petitioner that during the pendency of the writ petition, the service benefit entitled to the petitioner came to be released and he received all these financial benefits. However, the discharge certificate required to be issued by the Army Authorities have not been done. Page No.# 3/5 5. The learned counsel for the petitioner has referred to Rule 12 of the Army Rules, 1954 to submit that a discharge certificate is required to be issued by the Army authorities. However, the same has not been done in spite of the mandate in the Army Act as well as the Army Rules. 6. Mr. D. C. Borah, learned CGC for the respondents on the other hand submits that discharge certificate is not issued to persons who have been court- martialled. The petitioner was court-martialled and dismissed from service, therefore there is no question arises regarding the issuance of any discharge certificate. 7. Having heard the learned counsel for the parties and also upon perusal of the Army Act read with Rules, it is seen that Section 23 provides for certificate on termination of service. Section 23 reads as under: “23. Certificate on termination of service. Every junior commissioned officer, warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the English language setting forth- (a) the authority terminating his service (b) the cause for such termination; and (c) the full period of his service in the regular Army.” 8. However, the certificate is to be issued under Section 23 as prescribed Page No.# 4/5 under Rule 12 of the Army Rules, 1954. Rule 12 of the Army Rules reads as under: “12. Discharge Certificate. (1) A certificate required to be furnished under the provisions of section23 is hereinafter called a “discharge certificate”. (2) A discharge certificate may be furnished either by personal delivery thereof by or on behalf of the commanding officer to the person dismissed, removed, discharged or released, or by the same to such person by registered post. NOTES 1. See AA. s. 23 and note thereto. 2. The proper form to use is IAFY 1964, but any certificate which complies with AA. s. 23 would be legally sufficient. See also Regs Army, Paras 169 and 170. 3. An officer not being an enrolled person is not furnished with a discharge certificate. 4. When a discharge certificate is sent by post, it should be registered.” 9. Having perused the provisions of Section 23 read with Rule 12, it is seen that any enrolled person who is dismissed, removed, discharged, retired or released from service shall be furnished by his commanding officer with a certificate, in the language which is his mother tongue and also in the English language setting the authority terminating the service, cause of his termination with a full period of service in the regular army. 10. Rule 12 of the Army Rules, 1954 prescribes the procedure how a discharge certificate has to be furnished. Page No.# 5/5 11. A reading of Section 23 read with Rule 12 does not reveal that discharge certificate are not to be issued to the persons who are dismissed upon being court martial. 12. Mr. D. C. Bora, learned CGC for the respondents has not able to point out any provision which provides for an exception to the Rule prescribed for furnishing discharge certificate under Section 23. 13. Under such circumstances, this Court is of the considered view that where the statute mandates issuance of a discharge certificate under Section 23, the Army authorities are being bound to issue the same to the petitioner. Accordingly, it is directed to the commanding officer, namely Respondent No. 3 shall forthwith take all steps towards issuance of discharge certificate to the writ petitioner and communicate the same as per Rule 12 of the Army Rules, 1954. 14. This writ petition accordingly stands disposed in terms of the above. 15. Let this exercise be carried out within a period of 90 days from the date of receipt of certified copy of this order. JUDGE Comparing Assistant