UNION OF INDIA Vs. RUPESH SURYAVANSHI

JUDGEMENT

(1.) HEARD learned counsel appearing for parties and perused the record of writ appeals.

(2.) THIS order shall also dispose of similar Writ Appeal No. 51/2013 listed today. One and only question that needs to be addressed has already been concluded vide a Judgment dated 29.08.2011 passed by Division Bench headed by one of us (T.N.K. Singh, J) in WA No. (SH)33/2011, wherein it has been held that the discharge order in terms of Section 11(2) of the Assam Rifles Act, 2006 (for short 'the Act of 2006') has to be passed by a Deputy Inspector General of Assam Rifles and not by a Commandant. For easy reference, Section 11 of the said Act of 2006 is reproduced herein below: -

(3.) MOREOVER , the above judgment/order dated 29.08.2011, has also been affirmed by the Hon'ble Apex Court vide the order of dismissal dated 06.02.2012 passed in Special Leave Petition No. 2164 of 2012 filed by appellants -Union of India against the order dated 29.08.2011 of Division Bench as referred to herein above. In this view of the matter, learned counsel for appellants -Union of India, has no valid case to advance. Thus, these appeals are dismissed and disposed of in terms of the aforesaid judgment and order dated 29.08.2011.