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2022 Supreme(Megh) 97

H. S. THANGKHIEW
Sachin Kumar – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. R.J. Sarma, Advocate., for the Petitioner; Dr. N. Mozika, DSGI with Ms. A. Pradhan, Advocate., for the Respondent

JUDGMENT

1. The brief facts of the case are that, the petitioner who was working as a Rifleman(GD) in Assam Rifles had taken leave for the period 12.03.2016 to 08.04.2016, but however, failed to rejoin his duties after his leave expired, and in fact only reported back on 24.02.2017. After the petitioner rejoined his unit voluntarily, he was tried by the Summary Assam Rifles Court under Section 26(b) of the Assam Rifles Act, 2006, and after the disciplinary proceedings by order dated 10.06.2017, was awarded the sentence of 'Dismissal from Service' w.e.f. from 10.06.2017. An Appeal against the dismissal order was also preferred before the Appellate Authority, but the same was dismissed by order dated 23.10.2018. The petitioner being aggrieved thereby has filed the instant writ petition.

2. The grounds of challenge of the impugned order of dismissal are that the statement made by the petitioner regarding explanation of his overstay of period of leave, was not considered, that his signatures in the records of inquiry were obtained under duress, and that the entire proceedings were bad in law, as the Commandant who had ordered for the trial of the petitioner had conducted the trial himsel

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