JUDGMENT

Manish Choudhury, J. - This writ petition under Article 226 of the Constitution of India is preferred by the petitioner seeking setting aside and quashing of a discharge order dated 31.10.1999 whereby the petitioner was discharged from the post of Rifleman/Cook in Assam Rifles and a direction has been sought for release of the pensionary benefits of the petitioner as per the provisions of Central Civil Services (Pension) Rules, 1972.

2. The relevant facts projected in this writ petition may be stated as under :

2.1. The petitioner was initially enrolled into Assam Rifles as F/2851282A Rifleman/Cook on 27.09.1986 and was posted at 28th Assam Rifles on 10.11.1987 after completion of basic training. After being so enrolled, the petitioner was given the duty of cooking food for the Jawans in the Assam Rifles. In the year 1999, the petitioner was serving as a cook in signal mess at Battalion Headquarter, 28th Assam Rifles. It is the further case of the petitioner that in one particular evening in June, 1999, the petitioner cooked dinner for all the Jawans and served them. At about 09-00 p.m. after finishing his duty, the petitioner went to his family quarter located in the unit a