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IN THE HIGH COURT OF GAUHATI
N. KOTISWAR SINGH, J.
Bikram Rana - Appellant
Versus
Union of India and Ors - Respondent
WP(C) No. 2461 of 2016
Decided On : 28-02-2019
Central Civil Services (Pension) Rules, 1972 – Rule 26 –Issue on Application for discharge –In this petition, the petitioner contended that the circumstances in which the petitioner submitted his application for discharge and also the circumstances in which the Standing Committee was constituted and undertaking was obtained from the petitioner on the same day would clearly indicate that the authorities had not applied their mind as to whether the petitioner had submitted the application for discharge voluntarily or under duress –In this regard learned counsel for the petitioner has drawn attention of this Court to a Circular issued by the Director General of CRPF which called upon all the authorities concerned to ensure that any application for discharge or voluntary retirement are submitted for genuine reasons and voluntarily –Held, There is nothing on record to indicate as mentioned above that the Members of the Committee had interacted with the individual concerned or any other members of the unit –Therefore, if such finding has been arrived merely on the basis of the examination of the application which seems to have been done, in absence of any other material in this regard, this Court would hold that the finding given by the Standing Committee cannot be said to be proper –Non application of mind by the Standing Committee on the particular issue of voluntariness of the petitioner is quite apparent on the face of the records –Therefore, this Court is satisfied that there was no attempt by the authorities concerned to examine properly as to whether the application for discharge from service had been voluntarily given by the petitioner or not –In that view of the matter, this Court is of the opinion that all the subsequent actions taken by the authorities would be vitiated for the reason that the initial decision to accept the discharge application of the petitioner itself stands vitiated –Petition allowed
ORDER :
N. KOTISWAR SINGH, J.
1. Heard Mr. B. Chetri, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for the respondents.
2. This is the second round of litigation. In this petition, the petitioner is seeking setting aside the order of voluntary discharge and subsequent consequential orders passed.
3. The case of the petitioner is that the petitioner was appointed in the rank of Rifleman/GD vide SL No. G/2701947 on 15.4.2002 in 27th Assam Rifle and when the petitioner was at Kakching, Lamkhai, Manipur Headquarter, the petitioner under duress submitted an application for discharge from service stating that certain personal problems and domestic responsibilities do not allow him to continue in service further.
4. The said application was submitted on 12.08.2011 and on the same day, it was recommended by the Commandant for acceptance and on the same day a Standing Committee was convened to examine and to rule out the possibility that no undue pressure in the unit was exercised over the individual to put up application for discharge from service, and the Standing Committee recommended acceptance of application of discharge.
5. The Standing Committee which was convened on the same day on 12.8.2011, made finding that,
"The Standing Committee has found that no undue pressure by any authority within the unit has been exercised over the indl who have applied for discharge from service and that he has done so on their own volition due to his domestic problems etc."
Accordingly, the Standing Committee found that no undue pressure by any such authority within the unit has been exerted over the individual who had applied for discharge from service and that he had done so on his own volition due to his domestic problems.
The said Standing Committee recommended the application submitted by the petitioner be processed to higher Headquarter for approval.
It was also endorsed by the Commandant of the Unit on the same day. The authorities also obtained an undertaking from the petitioner certifying as follows on the same day.
"I certify that I fully understand that in the event of my discharge at my own request on extreme Compassionate grounds being sanctioned, I shall not be entitled to any pensionary benefits for my service rendered in the Assam Rifles."
Accordingly, thereafter the higher authorities issued the discharge certificate vide order dated 15.09.2011. The competent authority issued the discharge certificate, approving discharge from service to be effective from 01.01.2012 vide letter dated 15.09.2011.
6. The petitioner had earlier approached this Court by filing a writ petition challenging the aforesaid discharge order, being WP(C) No. 7056/2013, which was disposed of on 05.08.2015.
In the said petition, the petitioner had taken various pleas and raised numerous grounds to challenge the said discharge order.
7. It was stated by the petitioner in the said petition, as stated in the present petition also, as follows,
"On 10.04.2011, petitioner received information from his home that his wife was seriously ill. In fact, she had to be admitted in Assam Medical College & Hospital, Dibrugarh on 12.04.2011. Petitioner sought for leave to attend to the medical problem of his wife, but that was declined. Instead, the company Commandant asked him to attend counter insurgency training which he had already undertaken on three previous occasions. When the petitioner again requested for medical leave, the higher authority rebuked him and sent him back to the Unit on 24.04.2011.
According to the petitioner, instead going back to the Unit, he proceeded to Dibrugarh on 24.04.2011 to attend to his wife as she was being treated in the Assam Medical College & Hospital as an indoor patient. However, before leaving, he had verbally informed one HL Dogra of the Unit.
Petitioner's wife was under treatment in the Assam Medical College & Hospital, Dibrugarh from 12.04.2011 to 28.05.2011 for gynaecological problems. She was discharged from the hospital
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