GOVIND SINGH BATHYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R Jha, learned counsel for the petitioner and Mr. R Deb Nath, learned CGC appearing for the respondents.

(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 36th 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 3rd 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 20th 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 20th 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 Under Section 168 of the Assam Rifles Act, 2006, the Assam Rifles Act, 1941 is repealed.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:-