SANJAY BHATTACHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition is directed against the Impugned Order dated 13th May, 2009 issued by the Commandant 3rd Battalion, Assam Rifles, whereby, the petitioner was dismissed from service. The petitioner's case in a nutshell is that:

(2.) Being aggrieved by the Impugned Order referred above, the petitioner approached this Court by way of this instant writ petition.

(3.) The learned counsel, Mr. R. Jha appearing for and on behalf of the petitioner submits that, the Impugned dismissal order dated 13th May, 2009 is in contrary to the provision of 73ection 11 of the Assam Rifles Act, 2006. The learned counsel further contended that, the Assam Rifles Act, 2006 came into force vide Gazette Notification dated 20.02.2009. Therefore, the said Assam Rifles Act came into force with effect from 20.02.2009. And the instant dismissal order in question has been issued on 13th May, 2009; hence the instant order in question is contrary to the Assam Rifles Act, 2006 which was in force at the time and day when Impugned Order was passed. The learned counsel also further argued that, as per Section 11 of the Assam Rifles Act, 2006, it is the Deputy Inspector-General of the Assam Rifles who has been authorized to dismiss or remove from service a person under his command not by a Commandant. Hence, the impugned order is not in conformity with the Assam Rifles Act, 2006, so it needs to be set aside. The learned counsel further contended that the 5(five) Nos. of Red Ink entries in the service book of the petitioner was also not in conformity with the Rules 22 of the Army Rules, 1954. So, the 5(five) Nos. of Red Ink entries also may be quashed.