RAJ KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment passed by a Division Bench of the Guwahati High Court dismissing the writ appeal filed by the appellant. Appeal was directed against the judgment and order dated 19.5.2003 passed by the learned Single Judge in Civil Rule No.3053 of 1996. Appellants case (supra) in the writ petition and the writ appeal was that while serving as Rifleman in the Assam Rifles he was removed from service on the ground of desertion and that too without serving any notice to Shim as required under law and without holding any disciplinary proceedings. The respondent-Union of India took the stand that the writ petitioner and others got them selves involved in some controversies whereupon the writ petitioner was given punishment of quarters guard. Thereafter he submitted a letter of resignation which was accepted by order dated 18.12.1995 to be effective from 29.2.1996. But before that date the writ petitioner deserted whereupon he was declared as deserter and notices were served on him along with others. Learned Single Judge held that the appellant was not removed from service on the ground of desertion but on the ground that he had sought for voluntary discharge from service which was accepted.

(3.) Learned counsel for the appellant submitted that there was, in fact, no voluntary resignation and his signatures were taken on blank papers while he was in illegal detention.