Hon'ble Mr. Justice B.K. Sharma

1. The petitioner who has been discharged from service by the impugned order dated 30.06.2008 upon acceptance of resignation tendered by him, has filed this writ petition challenging the said order on the ground that the resignation from service offered by him being not voluntary, the same was inconsequential and ought not have been acted upon. Be it stated here that the petitioner had earlier filed a writ petition in the High Court of Uttarakhand at Nainital making the same grievance which was registered and numbered as W.P.(C) No. 562/2009, but the same was dismissed by order dated 01.07.2010 on the ground of lack of territorial jurisdiction. Thereafter the petitioner has filed the instant writ petition. The petitioner was enrolled in the Assam Rifles on 09.01.2004 as Sepoy Rifleman (GD) with Number 5000086-Y in the Alfa Company of the 22 Bn. Assam Rifles, C/o. 99 APO. Throughout the writ petition the petitioner has stated about his alleged victimization by the respondents which eventually resulted in discharge from service upon acceptance of the resignation tendered by him which according to the petitioner was not at all voluntary but was forcibly obtained from him. According to the petitioner his systematic victimization started from 18.02.2007 on which date the respondent No. 4 had interviewed him as a routine procedure.

2. According to the petitioner after the aforesaid interview with the respondent No. 4, he was detained in the Bn. Headquarter for duty and the respondent No. 4 ordered for his detailment as security guard within Bn. Headquarter. It has been stated that the petitioner was not allowed any weapon and that he was asked to perform his duty continuously without any replacement. In the writ petition, the petitioner has also stated about his hospitalisation and purported forceful administering of medicine including injection. It has been stated that such action on the part of the respondents was malafide. As stated in the writ petition the petitioner was confined in quarter guard firstly for a period of 18 days from 19.10.2007 and thereafter for 28 days rigorous imprisonment which according to the petitioner, was illegal as he did not commit any offence.

3. Further statement made in the writ petition is that the petitioner was sent to hospital for treatment and on 29.11.2007 and he was referred to Psychiatric Specialist in RIMS hospial, Imphal for his aberrant behaviour. During the course of treatment he was diagnosed as Substance Induced Psychosis. In paragraph- 12 of the writ petition referring to such hospitalisation, the petitioner has extracted the following letter dated 13.11.2009 written by one Col. P.K. Sharma:

6.... On 29 Nov. 2007 the petitioner reported to unit hospital with aberrant behaviour and therefore was referred to psychiatric specialist at RIMS, Imphal where he was admitted till 07 Dec. 2007 as a case of Substances Adduced Psychosis. He was further hospitalized in unit hospital and composite hospital CRPF, Guwahati w.e.f. 14 May 2008 to 22 May 2008. The application for voluntary discharge (resignation) from service and other discharge documents were submitted by the petitioner on 07 Jan. 2008 and 14 Jan. 2008.

4. In paragraph-14 of the writ petition the petitioner has stated about his further hospitalization for the period from 19.02.2008 to 06.03.2008. Thereafter it was advised to send him on leave. The petitioner was again referred to composite hospital, CRPF at Guwahati where he had remained under treatment from 17.05.2008. The attending Doctor advised for keeping the petitioner under active supervision. In paragraph 17 of the writ petition, the petitioner has stated that he was shocked to learn about his discharge from service by order dated 30.06.2008. Thereafter he submitted representation which did not yield result. In paragraph-27 of the writ petition the petitioner has stated that although the respondent No. 2 by his letter dated 13.11.2009 (Annexur