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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Union of India – Appellant
Versus
Bikram Rana, Son of Shri Bhakta Br. Rana – Respondent
JUDGMENT :
Vijay Bishnoi, C.J.
This writ appeal is preferred by the appellants being aggrieved with the judgment & order dated 28.02.2019 passed in WP(C) No.2461/2016, whereby the learned Single Judge has allowed the writ petition filed by the respondent and has set aside the order dated 05.11.2015 passed by the Director General of Assam Rifles, Shillong, whereby the representation filed by the respondent/writ petitioner was rejected. The learned Single Judge has further observed that the respondent will be liable to be reinstated in service without any benefit of back-wages and he will be deemed to be continued in service for the purpose of other service benefits and retiral benefits.
2. Brief facts of the case are that the respondent was appointed in the Assam Rifles on 15.04.2002 in the rank of Rifleman/GD. He submitted an application on 12.08.2011 with a prayer to discharge him as soon as possible in accordance with Paragraph 4 of the ROI 1/2024. The Commandant recommended the same for acceptance on 12.08.2011 itself and a Standing Committee was convened on the very same day and a recommendation was made by the Standing Committee for acceptance of the
The court ruled that a discharge application must be voluntary and properly examined; failure to do so invalidates subsequent actions.
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....
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.
The main legal point established in the judgment is that the compulsory retirement of the petitioners must adhere to the proper procedure and relevant rules, specifically Rule 26 of the Assam Rifles ....
The Court emphasized the importance of following due process and considering service records in cases of compulsory retirement, and held that arbitrary issuance of such orders without compliance with....
Disciplinary proceedings under the Assam Rifles Act upheld; the court confirmed that the punishment of compulsory retirement was proportionate to the petitioner's offense of remaining OSL for 1166 da....
The dismissal of a soldier without due process violates natural justice; all administrative inquiries must allow the individual an opportunity to be heard.
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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