Discharge from service is valid when supported by proper documentation and an individual's own consent, even if allegations of duress are made without substantial evidence.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. S. Nath, learned counsel for the petitioner and Mr. B. Sarma, learned CGC appearing for the respondents.

2. By filing this writ petition the petitioner has challenged the order by which he has been discharged from service on 01.10.2013 from the post of Rifleman (GD) Assam Rifles on the ground that he had never sought for being discharged from service and the same therefore should be set aside.

3. Brief facts of the case is that the petitioner was appointed as a Rifleman (GD) under the 30th Battalion Assam Rifles on 15.05.2009. Thereafter, he has been serving as such with due diligence. On 03.04.2013, while he was posted at 30th Battalion Assam, Mantripukhri, Manipur, he was allotted night duty upto 2:00 am. The petitioner while returning from his duty was tired and due to the darkness, he mistakenly knocked the door of his nearby quarter of one Shri S.C. Das, Rifleman (GD). The wife of Shri S.C. Das opened the door and without giving any chance to the petitioner to explain himself started abusing him and shouted on top of her voice. The petitioner being nervous instead of returning to his quarter went back to the place of his duty. On 03.04.2013, the respondent no. 4, who was the Commandant of the Unit summoned the petitioner to his chamber and without making any enquiry about the incident, started beating and abusing him. One Major P. M. Tangode alongwith 3 other Juniors Commissioned Officers (JCOs) and also two other personals joined the Commandant. All of them beat up the petitioner mercilessly and for which the petitioner sustained serious injuries and fell unconscious. He was taken to the Assam Rifles Unit Hospital and was hospitalized for 12 days. While the petitioner was in the hospital the Quarter Master of the unit under the dictation of the Commandant, met the petitioner and told him that his discharge papers were ready and asked him to sign the same. When the petitioner refused, the Quarter Master threatened him at gun point and thereafter took his signatures in some blank papers and also in the already filled up form. The petitioner was not allowed to look into the papers to see the contents.

4. The petitioner was thereafter set free in the month of May, 2013 and he tried to meet the Inspector General (South) to disclose the entire incident but he was not permitted by the security deployed in the premise of the IG (South).The petitioner was kept under close security by the Commandant of the Unit and subsequently on 13.09.2013, the Commandant called the petitioner in his chamber and told him to meet one Mr. Pawan at Guwahati and gave his phone number. He also informed the petitioner that he has been discharged from service and directed to leave the Assam Rifles complex. Thereafter, the petitioner was discharged from service on 01.10.2013. Aggrieved with the discharged from service not as per his choice but by force the petitioner is before this Court.

5. Mr. S. Nath, learned counsel for the petitioner submits that the petitioner was threatened and beaten up by the Commandant and the other officers and for which reason the petitioner had to be hospitalized for 12 days. The petitioner never submitted or agreed to being discharged from service and that he was forcefully asked to give his signature on blank papers. Since his discharge from service has been manipulated by putting him under threat, the discharge of the petitioner from service on 01.10.2013 and the impugned letter dated 11.03.2014 by which his appeal has been rejected should be set aside and he be reinstated back into service. In support of his submission the learned counsel has relied upon the case of Bikram Rana Vs. Union of India , (2019) 2 GLT 386 .

6. Mr. B. Sarma, learned CGC on the other hand submits that the petitioner is not cons