Advocates:
['M JHA', '', 'R JHA', 'J PRADHAN', 'SC SHYAM SR ADV CGC', '', 'R DEBNATH', 'CGC']

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THE HIGH COURT OF MEGHALAYA

WP(C) No.195/2013

No.G/3900550, Rfn/GD,

Govind Singh Bathyal,

S/o Shri.Shyam Singh,

R/o Village: Kotyura,

P.O. Hupli, PS Thal, District: Pithoragarh,

Uttaranchal.

:::: Petitioner

-Vs-

1. Union of India represented by the Secretary,

Ministry of Home Affairs, Govt. of India,

New Delhi.

2. Directorate General Assam Rifles,

Laitkor, Shillong, Meghalaya-793010.

3. The Brigadier (Personnel),

HQ: Directorate General Assam Rifles

Laitkor, Shillong, Meghalaya.

4. The Inspector General Assam Rifles,

C/o 99 A.P.O.

5. The Commanding Officer,

HQ: 36^th Assam Rifles,

C/o 99 A.P.O.

:::: Respondents

BEFORE

THE HON’BLE MR JUSTICE T NANDAKUMAR SINGH

For the Petitioner

:

Mr. R Jha, Adv..

For the Respondents

:

Mr. R Deb Nath, CGC

Date of hearing

:

23.05.2014

Date of Judgment & Order

:

23.05.2014

JUDGMENT AND ORDER(ORAL)

Heard Mr. R Jha, learned counsel for the petitioner and Mr. R

Deb Nath, learned CGC appearing for the respondents.

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2.

In this writ petition, the relief sought for are (i) quashing the

impugned dismissal order dated 31.05.2009 passed by the Commanding

Officer, HQ 36^th Assam Rifles, C/o 99 APO for discharging or dismissing the

writ petitioner (Rifleman [General Duty] from service); (ii) quashing the

punishments awarded to the petitioner and; (iii) expunge the same from the

service record of the petitioner for all purposes.

3.

The petitioner was enrolled as a recruit in Assam Rifles on

31.10.1999 as Rifleman (General Duty) and after completion of training, the

petitioner was posted at HQ 3^rd Assam Rifles and thereafter, he was allotted

with the Regimental No.G/3900550. The Parliament in the Fifty Seventh year

of the Republic of India enacted an Act called “the Assam Rifles Act, 2006”.

The Govt. of India, Ministry of Home Affairs, issued the Notification “New

Delhi, the 20^th February, 2009 S.O.517(E) in exercise of the powers

conferred by Sub-Section (2) of Section 1 of the Assam Rifles Act, 2006 (47

of 2006), the Central Govt. hereby appoints the 20^th day of February, 2009,

as the date on which the provisions of the said Act shall come into force”.

Therefore, the Assam Rifles Act, 2006 (47 of 2006) came into force w.e.f.

20.02.2009. Under Section 168 of the Assam Rifles Act, 2006, the Assam

Rifles Act, 1941 is repealed. For easy reference, Section 168 of the Assam

Rifles Act, 2006 is quoted hereunder:-

“168. Repeal and savings. – (1) The Assam Rifles Act, 1941 is

hereby repealed.

(2) Notwithstanding such repeal, - (a) the Assam Rifles in

existence at the commencement of this Act and constituted

under the Act so repealed shall be deemed to be reconstituted

under this Act; (b) members of the Assam Rifles in existence at

the commencement of this Act and appointed under the Act so

repealed shall be deemed to have been appointed or, as the

case may be, enrolled as such under this Act; (c) any appeal,

application, trial, inquiry or investigation pending immediately

before the commencement of this Act shall be disposed of,

continued, held or made, as the case may be, in accordance

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with the provisions of the Assam Rifles Act, 1941, as if this Act

had not come into force; (d) anything done or any action taken

before the commencement of this Act, in relation to any person

appointed or enrolled, shall be valid and as effective in law as if

such things or action was done or taken under the

corresponding provisions of this Act.”

4.

Under Sub-Section (2) of Section 11 of the Assam Rifles Act,

2006 an officer not below the rank of Deputy Inspector General of Assam

Rifles may dismiss or remove from service any person under his command

other than an officer or a sub-ordinate officer of such rank or the ranks as

may be prescribed. Section 11 of the Assam Rifles Act, 2006 rea