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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Sarode Ankush Ramnath, S/o. Sh. Ramnath Sarode – Appellant
Versus
Union of India, represented by the Secretary the Govt. of India, Ministry of Home Affairs – Respondent
| Table of Content |
|---|
| 1. overview of the petitioner's absence and disciplinary history. (Para 2) |
| 2. petitioner's background and charges. (Para 3 , 4) |
| 3. arguments from petitioner and respondents. (Para 5 , 6) |
| 4. court's observations on procedure and evidence. (Para 7 , 8 , 9) |
| 5. dismissal of petition. (Para 10) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. B. Pathak, learned counsel, appearing for the petitioner. Also heard Mrs. B. Sarma, learned C.G.C., appearing for the respondents.
2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the impugned discharge order dated 25.03.2020 (Annexure-4 to the writ petition), whereby the petitioner was initially awarded the punishment ‘to be dismissed from service ’; however, later on upon being remitted, the punishment was modified to ‘compulsorily retired from service’
3. The brief facts of the case are as follows: -
The petitioner, Ex-Rifleman (General Duty) Sarode Ankush Ramnath was enrolled into Assam Rifles on 31st October, 2007, and after completion of basic military training, he was posted to 7 Assam Rifles with effect from 7th November, 2008 to 4th March, 2020.
It is the specific case of the petition
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....
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 judgment emphasizes the limited scope of judicial review in disciplinary matters involving members of the Armed Forces and the need for a higher standard of discipline.
The court ruled that a discharge application must be voluntary and properly examined; failure to do so invalidates subsequent actions.
The dismissal of a soldier without due process violates natural justice; all administrative inquiries must allow the individual an opportunity to be heard.
Discharge for incurring multiple red ink entries in service requires thorough examination of individual circumstances; automatic discharge is not warranted without proper evaluation.
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.
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....
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