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SANJAY KUMAR MEDHI
BINU D. – Appellant
Versus
UNION OF INDIA – Respondent
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 power
The Court affirmed that discharge from service based on Red Ink Entries is valid when due process is followed as per established instructions.
Discharges based on multiple red ink entries are valid under Assam Rifles Records Office Instructions, provided due process is followed, including issuance of a show-cause notice.
Discharge for incurring multiple red ink entries in service requires thorough examination of individual circumstances; automatic discharge is not warranted without proper evaluation.
Procedural fairness is paramount in discharge proceedings; the failure to conduct an impartial enquiry before discharging an individual as an incorrigible offender invalidates the discharge order.
Discharge from military service under the Air Force Rules is not deemed punitive when based on unsuitability, maintaining compliance with procedural fairness despite procedural leniency.
Discharge from service must adhere to procedural requirements, including adequate warnings and documentation, as stipulated in the governing rules.
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 r....
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