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S. VAIDYANATHAN, W. DIENGDOH
Sashikant Pandey – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This Writ Appeal has been filed, challenging the order dated 05.03.2024 of the learned Single Judge in W.P(C) No.220 of 2022, in and by which, the Writ Petition, seeking reinstatement was dismissed as devoid of merits.Brief Facts as put forth by the Appellant:
2. The Appellant was enrolled in the Assam Rifles as Rifleman (Barber) and had rendered unblemished service till his suspension order. There were two charges levelled against him, namely, i) under Section 55 and 23(d) of the Assam Rifles Act for firing 3 shots from his service weapon against his fellow staff called Deva Nand and ii) leaving his guard without orders from his Superior Officer. The appellant was arrested for the incident of shooting another Rifleman in respect of registration of an FIR in Chiephobozou P.S. Case No.14 of 2015 under Section 307 IPC and placed under Police custody.
3. A Trial was conducted against him for the above offences and during Trial in the Assam Rifles Court, the Appellant pleaded not guilty to both charges. The prosecution examined 19 witnesses, including 3 eye witnesses and 23 exhibits were marked along with three material exhibits. After completion of the Trial, the Court found
Disciplinary actions in armed forces must maintain the highest standards of conduct, and procedural fairness is essential but does not negate the gravity of misconduct.
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....
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.
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 dismissal of a soldier without due process violates natural justice; all administrative inquiries must allow the individual an opportunity to be heard.
Discharge from service upheld as valid; allegations of coercion and violation of natural justice not substantiated, reaffirming that factual disputes cannot be adjudicated under Article 226.
Discharge for incurring multiple red ink entries in service requires thorough examination of individual circumstances; automatic discharge is not warranted without proper evaluation.
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