The dismissal of a soldier without due process violates natural justice; all administrative inquiries must allow the individual an opportunity to be heard.

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 7^th 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 No. G/3201248H. While he was serving as Rfn/GD, he was diagnosed as HIV positive during Annual Medical Examination and put under “Immune surveillance” from 17.09.2014. The petitioner was referred to the Assam Rifles Composite Hospital (ARCH), Sukhovi but he did not report there and voluntarily reported back to the Unit on 21.07.2015. On 14.12.2015, he got admitted at ARCH, Sukhovi and was Discharged To Home (DTH) on 06.02.2016. Again on 06.03.2016 due to health complications he got admitted to ARCH, Sukhovi and was Discharged To Unit (DTU) on 18.03.2016 to be placed in medical category SHAPE (T-24) E1 for 24 weeks. On 21.03.2016, the Medical Board proceedings were held comprising of three Doctors, who stated that, the petitioner ‘ceased duty’ on 18.03.2016 with ‘principal disability’: “Immune surveillance”. The Medical Board proceeding states that the disability was contracted in service.

5. Learned counsel states that thereafter, by Movement Order dated 25.09.2016, the petitioner was referred to IGAR (S) Hospital from ARCH, Sukhovi for special medical opinion, and on 01.10.2016 he was treated at IGAR (S). Upon return from the IGAR (S) the petitioner could not report back to the Unit and has been undergoing ART treatment/medication at various hospitals including District Hospital Dimapur. The petitioner thereafter submitted an application on 17.08.2023 praying for invalid pension. However, the prayer was rejected stating that he had already been dismissed w.e.f. 17.12.2019 vide impugned Letter dated 29.09.2023. Being aggrieved, the petitioner is before this Court.

6. The learned counsel for the petitioner submits that the respondents are well aware about his sickness and treatment w.e.f. 17.09.2014. It is also submitted that the Medical Board proceedings which was held on 21.03.2016 clearly stated that the petitioner had “Ceased Duty” on 18.03.2016 with principal disability- “Immune surveillance” and he was placed in low medical category SHAPE (T- 24) E1 for 24 weeks w.e.f. 18.03.2016. The opinion of the Medical Board (Part-II) at the Unit Hospital 32 Assam Rifles was that the disability was contracted in service and that it was contracted under circumstances over which he had no control. The instructions given to the