The main legal point established in the judgment is the significance of the application for discharge, approval process, and the lack of entitlement to pensionary benefits due to resignation at own request. Additionally, the judgment emphasizes the impact of inordinate delay in challenging employment-related decisions.

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 area itself where his family used to reside.

2.2. An untoward incident had occurred that night as one Havildar Subhas Singh committed suicide by hanging in the dining hall of the mess. The incident was first witnessed by one of the signal operators in the morning hours. The petitioner came to the signal mess later on to attend his morning duties to cook breakfast, lunch, etc. In view of the untoward incident, the Commanding Officer asked all the Force personnel to attend before him. It is contended that the Commanding Officer specifically targeted the petitioner and abused and threatened him by calling him inside his office. The petitioner also contended that the Commanding Officer had forced him to sign on some papers with the assistance of his clerk.

2.3. On 31.10.1999, the petitioner stated to have received a verbal message from the office of the Commanding Officer, 28th Assam Rifles to attend his office and when the petitioner reached the officer of the Commanding Officer, 28th Assam Rifles, the petitioner was told that he was discharged from service on his own request. The petitioner was immediately asked to leave the Assam Rifles campus on and from 31.10.1999.

3. Heard Ms. S. Bora, learned counsel for the petitioner and Mr. S.K. Medhi, learned Central Government Counsel for all the respondents.

4. Ms. Bora has submitted that the Commanding Officer, 28th Assam Rifles had put the whole blame in respect of the incident of suicide inside the signal mess on the petitioner illegally without any material basis and after threatening him, he obtained the petitioner's signature on some blank papers with the assistance of his clerk. It was only on 31.10.1999, the petitioner was informed orally that he was discharged from service on his own request. According to the petitioner, the petitioner never requested for discharge from service. The contention of the petitioner is to the effect that the Commanding Officer, 28th Assam Rifles on coercion collected the signatures of the petitioner on blank papers on 28.06.1999 and converted one of those blank papers into an application for resignation, thereby, making it an application as if it was made at the request of the petitioner. Even if it is assumed that it was an application made on his own request, no counseling was given to him prior to acceptance of such discharge.

4.1. Aggrieved by such action on the part of the respondent authorities, the petitioner stated to have submitted a representation on 20.08.2010 requesting the respondent authorities to release his GPF amount and to furnish a copy of the discharge certificate alleging that it was not given to him at the time of discharge.

4.2. The petitioner stated to have submitted another representation on 07.12.2011 wherein he alleged that he was terminated from ser