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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Satish Kumar Yadav, S/o. Satya Narayan Yadav – Appellant
Versus
Union Of India, Rep. By The Secretary The Govt. Of India, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. petitioner was wrongfully discharged due to red ink entries. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on unlawful processing of red ink entries. (Para 7 , 8 , 9) |
| 3. respondent's defense against petitioner's claims. (Para 10 , 11 , 12) |
| 4. case law supporting the application of ri no. 1 in discharge orders. (Para 13 , 14) |
| 5. court's reasoning on authority for discharge based on red ink entries. (Para 16 , 17 , 18 , 19 , 20) |
| 6. writ petition dismissed with no order as to costs. (Para 21 , 22) |
JUDGMENT :
(SANJAY KUMAR MEDHI, J.)
The instant writ petition has been filed challenging an order dated 09.04.2020 by which the petitioner was discharged from his service in the Assam Rifles on the ground that he had earned four red ink entries. The petitioner contends that the red ink entries were awarded to him without adhering to the due process of law. It is further alleged that the impugned order was passed without any inquiry, thereby resulting into gross violation of the principles of natural justice.
2. As per the facts projected, the petitioner was appointed as a Rifleman in the Assam Rifles in 1993. In the year 1998 he had successfully completed the commando course and thereafter
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.
The Court affirmed that discharge from service based on Red Ink Entries is valid when due process is followed as per established instructions.
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.
The court ruled that a discharge application must be voluntary and properly examined; failure to do so invalidates subsequent actions.
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....
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.
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