Back
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
| Table of Content |
|---|
| 1. petitioner's request for quashing dismissal and pension (Para 3 , 4 , 5 , 9) |
| 2. petitioner's medical condition and implications for service (Para 6 , 7 , 8) |
| 3. procedural issues in dismissal and right to a fair hearing (Para 10 , 11 , 12 , 13 , 14) |
| 4. respondents' justification for dismissal and absence (Para 17 , 18 , 19 , 20 , 21) |
| 5. court's analysis of procedural fairness (Para 24 , 26 , 27) |
| 6. quashing of dismissal and direction for fresh inquiry (Para 28 , 29 , 30 , 31) |
| 7. final order disposing of the petitions (Para 32) |
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
The dismissal of a soldier without due process violates natural justice; all administrative inquiries must allow the individual an opportunity to be heard.
The main legal point established in the judgment is the entitlement of a member of the armed forces to disability pension under the Central Civil Service (Extra Ordinary Pension) Rules, emphasizing t....
The main legal point established in the judgment is the application of the continuing wrongs and recurring wrongs principle to service law disputes, along with the entitlement to disability pension u....
The court ruled that a discharge application must be voluntary and properly examined; failure to do so invalidates subsequent actions.
Dismissal of service - Grant of reinstatement - Order was passed without giving adequate opportunity to the Petitioner to response to the proceedings and as such, is liable to be set aside.
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....
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
