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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT KOHIMA BENCH
YARENJUNGLA LONGKUMER
No. G/3201248H RFN/GD Shri Imkongsanen Ao @ Sanen AO @ Sanam AO 32 Assam Rifles – Appellant
Versus
Union of India Represented by the Secretary, New Delhi – Respondent
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
1. Heard Mr. I. Imti Longchar, learned counsel for the petitioner. Also heard Mr. Z.N. Ngullie, learned CGC for the respondents.
2. WP(C)/314/2023 and WP(C)/71/2024 have been taken up together and disposed of by this common judgment.
3. In WP(C)/314/2023, the petitioner has prayed for a direction to quash and set aside the impugned Letter No. 3201248/ 32AR/INVALID/Pen/NE/2023/304 dated 29.09.2023 written by the Major, OIC Disability Pension/NE, Record Branch in the Director General Assam Rifles office, Shillong. By this Letter dated 29.09.2023 it was stated that the petitioner is not eligible for invalid pension as he has been dismissed from service. The petitioner has also prayed for release of his pay and allowances from 01.09.2016 as per the 7th Central Pay Commission with penal interest at 24% per annum. The petitioner has also further prayed for a direction to grant disability pension to him for the disability contracted in service as per the Medical Board proceedings held on 21.03.2016.
4. The learned counsel for the petitioner, Mr. I. Imti Longchar has stated that the petitioner was enrolled in the 32 Assam Rifles on 08.09.2003 with Regimental
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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....
Point of Law : Service Laws – Dismissal from services – Quashment of - Issue of overstay of leave, being absent from duty without leave and consequential punishment thereof, however the said decision....
The central legal point established in the judgment is the distinction between disability pension and invalid pension under the CCS Pension Rules, emphasizing the eligibility criteria and the impact ....
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.
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