GAHC010160412024

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4033/2024

DHARMENDRA KUMAR POONIA

S/O- LATE SUBASH CHANDRA POONIA,

PRESENTLY SERVING AS NO. G/5017179K RFN/GD AT 41ST ASSAM RIFLES,

C/O 99 APO, PIN 932041.

VERSUS

THE UNION OF INDIA AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,

MINISTRY OF HOME AFFAIRS,

NEW DELHI- 110001.

2:DIRECTOR GENERAL ASSAM RIFLES

SHILLONG

MEGHALAYA-11.

3:THE DEPUTY INSPECTOR GENERAL

HED QUARTER 5 SECTOR ASSAM RIFLES

C/O 99 APO.

4:THE COMMANDANT

41ST ASSAM RIFLES

C/O 99 APO PIN- 932041

Advocate for the Petitioner : MS. S BORA, MR. P BORAH

Advocate for the Respondent : DY.S.G.I., MS. B SARMA

BEFORE HON’BLE MR. JUSTICE SOUMITRA SAIKIA Advocates for the petitioner : Ms. S Bora, Advocate Advocate for the respondents : Ms. B Sarma, CGC Date of hearing : 09.09.2025 Date of Judgment : 11.12.2025 Judgment and Order (CAV)

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 deteriorated day by day. As such, the petitioner left the post voluntarily on 04.05.2017 and rejoined after 74 days. After his rejoining the authorities put him under rigorous imprisonment in the military custody for 14 days from 13.01.2018 and he st incurred his 1 Red Ink Entry. The petitioner incurred his second Red Ink Entries due to the allegation of consuming liquor, who as per the petitioner was false rd allegation. 3 red ink was also incurred by the petitioner due to allegation of procurement of liquor from unauthorized sources and found intoxicated and the fourth red ink was also incurred because of consumption of liquor. However, before incurring red ink entries on all occasions he had to underwent rigorous imprisonment. Thus, the petitioner incurred four ‘red ink entries’ during his services. The petitioner was served with show-cause Notice dated 22.05.2024 which he had received on 25.05.2024, whereby the petitioner was directed to submit his reply within 15 days. The petitioner filed his reply on 03.06.2024 with a prayer that the allegations are false. However, by order dated 05.08.2024 the Authorities discharged him from service being an incorrigible offender with effect from 11.08.2024. Against the said discharge order dated 05.08.2024, the petitioner had filed this writ petition being WP(C) No.4033/2024.

3] Learned counsel for the petitioner submits that perusal of the show- cause notice dated 22.05.2024 reveals that the four Red Ink Entries in the service dossier of the petitioner are not serious in nature. It is submitted that the petitioner had submitted his reply to the show-cause notice dated 22.05.2024 on 03.06.2024 giving explanation to all the charges in which he was charged and requested the authority to set aside the charges and allow him to complete his 20 years of service as he has already completed 16 years of his service. However, without considering his prayer made in his reply dated 03.06.2024, the Authorities by order dated 05.08.2024 discharged him from service being an incorrigible offender with effect from 11.08.2024. It is submitted that the discharge order of the petitioner due to the four Red Ink Entries in his service dossier was done in a mechanical manner and the gravity of the four Red Ink Entries was not considered. It is further submitted that no reason has been assigned in the order dated 05.08.2024 to indicate as to why the re