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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Dharmendra Kumar Poonia S/O- Late Subash Chandra Poonia – Appellant
Versus
Union Of India, Represented By The Secretary To The Govt. Of India, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. petitioner's leave application due to familial emergency. (Para 2) |
| 2. challenge to mechanical discharge decisions. (Para 3) |
| 3. respondents assert justification for dismissal. (Para 4 , 5) |
| 4. detailed procedures under assam rifles regulations. (Para 8 , 9 , 10 , 11) |
| 5. assessment of suitability for discharge on red ink entries. (Para 12 , 13) |
| 6. discharge not justified without thorough evaluation. (Para 14 , 15) |
| 7. writ petition allowed; discharge order set aside. (Para 16) |
JUDGMENT :
SOUMITRA SAIKIA, J.
1.Heard Ms. S Bora, learned counsel for the petitioner. Also heard Ms. B Sarma, learned Central Government Counsel, for the respondents.
2. The petitioner was enrolled in the Assam Rifles in the year 2008 and after completion of this basic training he was posted in 41 Assam Rifles. It is stated on behalf of the petitioner that in the month of April, 2017 he was posted at st Zubza Post, 41 Assam Rifles C/O 99 AP( from his home and it was conveyed that his daughter was seriously ill and was admitted at hospital. Thereafter, he applied for 60 days leave before the superior authorities but after several requests his leave was not granted and his daughters’ health was deteriorat
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.
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 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....
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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