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SANJAY KUMAR MEDHI
RAVI RANJAN KUMAR, S/O. SRI SHIVSHANKAR PRASAD GUPTA – Appellant
Versus
UNION OF INDIA, REPRESENTED BY THE SECRETARY, GOVERNMENT OF INDIA – Respondent
JUDGMENT :
(Sanjay Kumar Medhi, J.) :
An order dated 21.04.2021 by which the petitioner, who was serving as Recruit/Plumber has been discharged from service is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India.
2. As per the facts projected, in a recruitment held, the petitioner was successful and was provisionally appointed as Plumber vide an order dated 19.11.2019 in the Assam Rifles. In the said letter of provisional appointment, it was specifically mentioned that on the failure to successfully complete the recruit training within the stipulated period, his services was liable to be terminated without any notice or assigning any reasons. It is the case of the petitioner that the statute holding the field namely, the Assam Rifle Rules, 2010 contain the provision of Discharge. As per Rule 21, before discharging a person on account of unsatisfactory service, he has to be given adequate warning and sufficient time to show progress. The Rule also stipulates that there should be documentary evidence to justify such discharge. It is the case of the petitioner that in violation of the aforesaid provision, namely, Rule 21 (2), the impugne
Discharge from service must adhere to procedural requirements, including adequate warnings and documentation, as stipulated in the governing rules.
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 service upheld as valid; allegations of coercion and violation of natural justice not substantiated, reaffirming that factual disputes cannot be adjudicated under Article 226.
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....
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.
Dismissal of service - Grant of reinstatement - Order was passed without giving adequate opportunity to the Petitioner to response to the proceedings and as such, is liable to be set aside.
Discharge for incurring multiple red ink entries in service requires thorough examination of individual circumstances; automatic discharge is not warranted without proper evaluation.
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