Hrishikesh Roy, J.-

Heard Mr. R. Choudhury, learned coun­sel appearing for the petitioner. Also heard Mr. S. C. Shyam, the learned Central Gov­ernment counsel representing the respon­dents.

2. This appeal is presented against the judgment and order dated 29.11.2010 in WP (C) No. (SH) 167/2009 whereby the learned Court dismissed the writ petition.

3. The petitioner was serving as a Havildar/GD in the Assam Rifles Organiza­tion and he had filed the writ petition to chal­lenge the order dated 07.02.2009, whereby he was discharged for service and also the order dated 08.05.2009, whereby his prayer for reinstatement was rejected.

4. It appears from the impugned penalty that the delinquent was considered to be an incorrigible offender having secured 4 red ink entries on his service career and accordingly purporting to act under Clause 5 of the Record Branch Instruction No. 1/2004 (here­inafter referred to as "the ROI"), the delin­quent was discharged from service.

5. Mr. R. Choudhury, learned counsel points out that the petitioner had a distin­guished service career spanning over 17 years in the Assam Rifles Organization and only during 23.07.2007 to 11.08.2008 within a span of one year, the

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