Back
SUPREME COURT OF INDIA
JAGDISH SINGH KHEHAR, ADARSH KUMAR GOEL, JJ.
Union of India and others – Appellants
Versus
Balwant Singh – Respondent
CIVIL APPEAL NO. 5616 OF 2015 (Arising from SLP(C) No.12917/2012)
Decided On : 22-07-2015
(b) Assam Rifles Act, 1941 – Section 4(3) – Applies when employee seeks discharge – Instantly respondent discharged for earning red ink entries – Section 4(3) not applicable in instant case. (Para 15)
(c) Service law – Assam Rifles service – Discharge – Discrimination – Comparison with another employee who was dismissed but the punishment was reduced by High Court to discharge – Respondent was merely discharged, not dismissed – Respondent found in intoxicated condition while on duty – Compromising safety of unit – No discrimination. (Para 16)
Facts of the case:
The respondent was inducted into the service of the Assam Rifles as a Rifleman on 25.11.1991. He earned promotions up to the rank of Havaldar. Whilst holding the rank of Havaldar, he was issued a show cause notice dated 27.08.2008 informing him, that he had earned four “Red Ink entries”.
On the above basis he was discharged because he was an 'incorrigible offender'. Despite having so concluded, he was held entitled to pension and gratuity, as were admissible under the rules.
The representation of the respondent to the Director General, Assam Rifles was rejected.
His Writ Petition was dismissed but his Writ Appeal was allowed.
Finding of the Court:
Impugned judgment cannot be sustained.
Result: Appeal allowed.
JUDGMENT
Jagdish Singh Khehar, J.
1. The respondent was inducted into the service of the Assam Rifles as a Rifleman on 25.11.1991. He claims to have discharged his duties to the absolute satisfaction of his superiors, and earned promotions to higher ranks till 2007, when he came to hold the rank of Havaldar. Whilst holding the rank of Havaldar, he was issued a show cause notice dated 27.08.2008 informing him, that he had earned four “Red Ink entries”, and asking him why he should not be discharged from service. The aforesaid show cause notice relied upon certain provisions of the Assam Rifles Act, 1941, besides the Assam Rifles Manual, and also Clause 5 of the Record of Office Instructions 1/2004 (hereinafter referred to as the 'ROI 1/2004').
2. In the show cause notice, the respondent was intimated, that he had earned nine punishments which included five “Red Ink entries” and “four Black Ink entries”. The details of the disciplinary action taken against the respondent has been depicted in a compilation, which is a part of the record of the case, and is being extracted hereunder:
| S.NO. | OFFENCE | DATE OF OFFENCE | STATEMENT OF OFFENCE | PUNISHMENT AWARDED |
| (a) | AA Sec 39 (b) | 14 Nov 99 | Without sufficient cause of overstaying leave granted to him | 10 days pay fine on 30 Nov 99 |
| (b) | AR Act 1941 Sec 9 An act prejudicial to good order and discipline | 27 Mar 05 | Intoxication | 7 days forfeiture od pay on 28 Mar 05 |
| (c) | AA Sec - 48 | 24 May 07 | Intoxication | 14 days pay fine on 01 Jun 07 |
| (d) | AA Sec - 48 | 23 Jul 07 | Intoxication | Severe reprimand and 14 days pay fine on 23 Jul 07 |
| (e) | AA Sec - 48 | 07 Oct 07 | Intoxication | Severe reprimand on 15 Oct 07 |
| (f) | AA Sec - 48 | 10 Oct 07 | Intoxication | 14 days pay fine on 16 Oct 07 |
| (g) | AA Sec - 39 (b) | 06 Feb 08 | Without sufficient cause of overstaying leave granted to him | Severe reprimand on 01 Mar 08 |
| (h) | AA Sec - 48 | 11 Aug 08 | Intoxication | Severe reprimand on 26 Aug 08 |
| (i) | AA Sec - 39 (c) and AA Sec - 48 | 29 Dec 08 | Absenting himself without leave and intoxication | Severe reprimand on 06 Jan 09 |
It is relevant to mention, that the four “Red Ink entries” taken into consideration, insofar as the show cause notice dated 27.08.2008 is concerned, are depicted at serial nos. (d), (e), (g) and (h) of the above compilation. The details of the cause/action, why the above punishments were inflicted on the respondent (at serial nos. (d), (e), (g) and (h)), have also been expressed in the pleadings. Insofar as the punishment at serial no. (d) is concerned, the same came to be imposed on the respondent on account of the fact that on 23.07.2007, while he was on “motor vehicle check post duty” at 19:50 hrs., he was found in an intoxication state. Insofar as the punishment at serial no. (e) is concerned, it was pointed out, that the respondent was again found in an intoxicating state, while on “platoon training duty” at Diphu on 07.10.2007 at 20:45 hrs. The third punishment at serial no. (g) was imposed on the respondent, on account of his having overstayed leave, granted to him, for a period of eighteen days. The last of the above punishments, depicted at serial no. (h), was imposed on the respondent, on account of the fact, that he was again found in an intoxicated state on 11.08.2008 at 17:00 hrs., while on “road opening party duty”.
3. In addition to the factual position, indicated hereinabove, learned counsel for the appellants highlights the fact, that after the first three “Red Ink entries” were recorded against the respondent, a notice dated 2.3.2008 was issued to him, informing the respondent, that he had already been issued three “Red Ink entries”, and that h
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
