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2022 Supreme(SC) 617

SURYA KANT, J. B. PARDIWALA
Amarendra Kumar Pandey – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant :Mehul M. Gupta, R. P. Gupta, Advocates
For the Respondent:Mr. B. V. Balaram Das, Advocate

JUDGMENT

J. B. Pardiwala, J.

These appeals, by special leave, are directed against the judgment and order passed by a Division Bench of the Guwahati High Court dated 21.12.2017 in the Writ Appeal No. 354 of 2017 by which the High Court allowed the appeal filed by the Union of India & Ors. thereby setting aside the judgment and order passed by a learned Single Judge of the High Court dated 19.01.2015 in the Writ Petition (C) 2783 of 2004 filed by the appellant herein.

2. The facts giving rise to this appeal may be summarized as under:

    (i) The appellant herein (original writ petitioner) had joined the Assam Rifles as a Rifleman in the year 1993. While he was in service, he came to be discharged vide order dated 31.01.2004 passed by Lt. Col Offg Comdt.

    (ii) The order of discharge referred to above reads thus:

    OFFICE OF THE COMMANDANT 24 ASSAM RIFLES, C/O 99 APO

    ORDER

    2401637/AKP/2004

    DATED 31.01.2004

    1. WHEREAS it is considered that the conduct of No 2401637W Rfn/GD Amrandra Kumar Pandey o


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