IMPORTANT POINT
The Court affirmed that discharge from service based on Red Ink Entries is valid when due process is followed as per established instructions.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The present petition under Article 226 of the Constitution of India has been filed challenging an order of discharge from service dated 27.09.2014. The departmental appeal preferred by the petitioner has also been rejected on 28.10.2014.

2. As per the facts projected, the petitioner was serving as a Cook in the Assam Rifles. While in service, he had faced four different proceedings wherein he was punished and accordingly, there were 4th Red Ink Entry. Thereafter, the petitioner was served with a Show Cause Notice dated 30.08.2014 as to why he should not be discharged. The notice was responded to by the petitioner on 10.09.2014 whereafter the impugned order dated 27.09.2014 has been passed.

3. I have heard Shri A.K. Purkayastha, learned counsel for the petitioner. I have also heard Shri M.R. Adhikary, learned CGC.

4. Shri Purkayastha, the learned counsel has submitted that so far as the 4th Red Ink Entry is concerned pertaining to loss of Identity Card and certain articles, no fault could have been attributed to the petitioner and therefore the impugned order dated 27.09.2014 has been passed without jurisdiction. It is submitted that to exercise powers for discharge, there is a requirement of having at least 4 Red Ink Entries. By drawing the attention of this Court to a Chart which has been given in paragraph 10 of the petition, the learned counsel has submitted that the first three charges were of unauthorized absence which according to the petitioner is not of serious nature. So far as the 4th Charge is concerned regarding loss of Identity Card and other materials, it is submitted that the same could not have been a charge as the petitioner had explained the matter by assigning cogent reasons. It is submitted that on that particular date, the petitioner was unwell while at Dimapur Railway Station and had fell unconscious and in that event, the items went missing.

5. The learned counsel has relied upon a decision of this Court in a writ petition being WP (C) No. 4348/2020 (Durgesh Kumar Meena Vs Union of India & Ors.). In the said case wherein a similar challenge was made, this Court had also relied upon the case of the Hon’ble Supreme Court in Veerendra Kumar Dubey Vs Chief of Army Staff & Ors. (2016) 2 SCC 627. It is submitted that simply because of Red Ink Entries, the same would not mean that the only option of discharge is left and accordingly the discharge order was interfered with. The learned counsel has also submitted that the past services of the petitioner was not taken into account before taking a decision to discharge him from service. Reliance has also upon placed upon a decision of the Hon’ble Division Bench of this Court in Balwant Singh Vs. Union of India & Ors. 2011 (5) GLT 640. In that case, the Hon’ble Division Bench had interfered with the order of discharge.

6. The learned counsel for the petitioner accordingly submits that the impugned order dated 27.09.2014 be interfered with and a further direction to reinstate the petitioner in service be issued. It is pointed out that the petitioner still has a number of years left wherein he can render his service.

7. Per contra, Shri M.R. Adhikary, the learned counsel has submitted that so far as the 4 Red Ink Entries are concerned, there is no manner of any challenge to the same. It is submitted that each of the Red Ink Entries were made by following the due process of law. By referring to the affidavit-in-opposition filed on 10.03.2016, the learned CGC has submitted that each of the 4 Red Ink Entries were preceded by a due process of law whereby the petitioner was given adequate opportunity as per prescription of the law. It is submitted that in any case, none of the 4 Red Ink Entries are the subject matter of challenge. It is submitted that after the Red Ink Entries, on 10.05.2014, the petitioner was given a specific warning not to indulge in any further activities which would entail a further Red Ink Entry in which case he would be