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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
RAJESH MAZUMDAR
Sandeep Kumar S/o Shri Iswar Singh Yadav – Appellant
Versus
Union of India – Respondent
JUDGMENT :
RAJESH MAZUMDAR, J.
1. Heard Ms. S. Bora, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC appearing for the respondents.
2. The bone of contention in this writ petition under Article 226 of the Constitution of India, is the manner, in which, the petitioner has been discharged from his services as a Rifleman/General Duty from the Assam Rifles by the order dated 20th October, 2018. As per the undisputed records, the petitioner had joined his services as a Rifleman/General Duty on 29.09.2007 in Assam Rifles and during the course of his service, he earned four red ink entries on 06.07.2013, 30.09.2017, 29th January, 2018 and 30th May, 2018 respectively.
3. On 26th June, 2018, Col/Officiating DIG of Headquarter 27 Sector Assam Rifle had issued a show cause notice to the petitioner to the following effect:-
CONFIDENTIAL
12095/A/18/069
HQ- 27 Sect AR
No.G/5013846P Rfn/GD
PIN 932 527
C/o 99 APO
Sandeep Kumar
25 Assam Rifles
PIN- 932 025
C/o 99 APO
SHOW CAUSE NOTICE
1. You were enrolled as Rect (GD) on 29 Sep 2007 in Assam Rifles. Thereafter, in your service of 10 years, 08 months and 02 days (as on 01 Jun 2018), you have incurred 04 (four) Red Ink Entries in your serv
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.
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.
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....
Discharge from service must adhere to procedural requirements, including adequate warnings and documentation, as stipulated in the governing rules.
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.
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