Ujjal Bhuyan, J.

Since the subject matter of the three writ petitions is identical, those were heard together and are being disposed of by this common order.

2. Heard Mr. R. Ramchiary, learned counsel for the petitioner in WP(C) No.1178/2011 and Mr. B. Chakraborty, learned counsel for the petitioners in WP(C) No.6185/2005 and WP(C) No.2783/2004. Also heard Mr. S.C. Keyal, learned Asstt. Solicitor General of India for the respondents.

3. Challenge made in all the three writ petitions is to the discharge of the petitioners from Assam Rifles on getting four Red Ink entries in the service rolls.

4. A brief recital of the essential facts in each of the three writ petitions is considered necessary.

WPC No. 1178/2011

5. In this case, petitioner had joined the Assam Rifles on 30.06.2001 as Rifleman/General Duty (GD). By the impugned order dated 20.01.2011, issued by the Commandant, 45 Assam Rifles, petitioner was discharged from the Assam Rifles on getting four Red Ink entries, thus rendering his retention in the Assam Rifles undesirable being an incorrigible offender. Out of the four Red Ink entries, one was on account of intoxication, the second one was because of being late in reporting back at the Head Quarters after doing outstation duty, the third one was on account of finding the petitioner in a sleeping condition during day time after completion of his quick reaction duty and the last one because of loss of identity card. The impugned order reads as under: -

"ORDER

1. WHEREAS it is considered that the conduct of No. G/184653Y Rank Rfn/GD Name Dipak Kumar Dash of which has led him getting four Red Ink entries is such as to render his further retention in the public service undesirable being an incorrigible offender and having shown no improvement during his service.

2. AND WHEREAS No. G/184653Y Rank Rfn/GD Name Dipak Kumar Dash was afforded an opportunity to show cause against the proposed action vide 45 Assam Rifles letter No. A/45260/FE/2009/726 dated 07 Oct 2010.

3. NOW WHEREAS No. G/184653Y Rank Rfn/GD Name Dipak Kumar Dash has submitted his reply vide letter No. Nil dated 09 Oct 2010. The same was considered in terms of ROI 1/2004 and was found unsatisfactory by the competent authority.

4. NOW THEREFORE, in exercise of the powers conferred on me under AR Act 1941 Sec 4 (a) read with para 24, Chapter VIII of AR Manual and Para 5 of ROI 1/2004, the undersigned hereby discharge the said No. G/184653Y Rank Rfn/GD Name Dipak Kumar Dash from the Assam Rifles being incorrigible offender soldier with effect from 22 Jan 2011 (Afternoon) with grant of service gratuity under provision of Rule 49 (I) of CCS (Pension) Rule 1972 as read with rule 40 and 49 of CCS (Pension) Rule 1972.

Authority : HQ23 Sector AR has approved for discharge from service No. G/184653Y Rank Rfn/GD Name Dipak Kumar Dash under the provn of AR Act 1941 Sec 4 (a) read with ROI 1/2004 and Rule 24, Chapter VIII of AR Manual vide their approval No.2203/A/2010 dated 29 Dec 2010.

(BB Yadav)

Col.

Comdt.

45 Assam Rifles."

WPC No. 6185/2005

6. Petitioner joined the Assam Rifles as Rifleman in the year 1996. By the impugned order dated 19.09.2004, issued by the Commanding Officer, 22 Assam Rifles, petitioner was discharged from the Assam Rifles on getting four Red Ink entries. Out of the four Red Ink entries, one pertains to loss of identity card and the other three pertain to intoxication. The impugned order dated 19.09.2004 reads as under: -

"ORDER

1. WHEREAS it is considered that the conduct of No. E/380290M Rank Rfn/BS Name Jodh Singh of which has led him getting four Red Ink entries is such as to render his further retention in the public service undesirable being an incorrigible offender and having shown no improvement during his service.

2. AND WHEREAS No. E/380290M Rank Rfn/BS Name Jodh Singh was afforded an opportunity to show cause against the proposed action vide 22 Assam Rifles letter No. 11025/A/2004 dated 04 May 2004.

3. AND WHEREAS No. E/380290M Rank Rfn/BS Nam