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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
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 had completed the physical training course. It is the case of the petitioner, that in 2002, while he was on leave, his grandfather fell seriously ill and subsequently passed away, due to which he had to seek an extension of his leave. The petitioner has pleaded that he had made a telephonic request for the extension which was, however, refused. As a result, there was a delay of ten days in rejoining his duties. The aforesaid delay culminated in a court martial proceedings pursuant to which, the peti
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.
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....
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