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
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