NAVIN RAM EX-RIFLEMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS instant writ petition is directed against the impugned order dated 05.10.12 passed by Lt. Colonel on behalf of the Director General Assam Rifles which is at Annexure -A2.

(2.) THE petitioner 's case in nut shell is that ''the petitioner was enrolled as Rifleman (GD) on 9.1.2004 in 22 BN Assam Rifles. The petitioner had achieved the best by being in good books of his superiors prior to 18/19.10.07. But consequent to his interview with the Commandant (Respondent No. 5) on 19.10.07 after the completion of the Bomb disposal Course successfully, it was as U -Turn, the Commandant (Respondent No. 5) has suddenly started imposing severe harassments upon the petitioner out of grudge/malafide/arbitrary action by organized conspiral connivance with the officers/staff subordinate to him, known to be as of the commandant concerned as one line target to get rid of the petitioner for the reasons not known to the aggrieved petitioner. Under the allegedly organized game plan the petitioner was hospitalized in the 22 Assam Rifles Battalion Head Hospital for more than 8 months. Thereafter, he was injected through vein which brought his mental conditions as miserable as diagnoses as Substance induced Psychosis by the medical authority and it was during resignation/voluntary retirement in the manner in which the competent authority (Respondent No. 5) desired. The petitioner had never submitted any such application either for resignation or for voluntary retirement. The Competent authority i.e. Respondent No. 5 misused his competency as the Commandant under whose command and controls the petitioner was serving/placed for deployment. Fabricating of such application for resignation by his staff/officer to the disadvantage of the petitioner is entirely illegal, as such that application cannot be taken to be at the free will and consent of the petitioner who was taking treatment while he was hospitalized for the aforesaid disease. The petitioner was discharged on 30.6.2008 on the alleged resignation from service illegally by the respondents. The petitioner filed the Writ Petition earlier before the Hon 'ble High Court of Uttarakhand which dismissed the same on 1.7.10 due to lack of territorial jurisdiction. Again, fresh Writ Petition No. 6891/2010 was filed before the Hon 'ble Gauhati High Court and the same has been disposed of with a Judgment and Order dated 7.8.2012 for remanding the matter back to Assam Rifles for examination of the case of the petitioner afresh; whether his prayer for withdrawal of resignation from service and for reinstatement which he had made within the 90 days of acceptance of resignation and discharge from service can be considered in view of facts by speaking order be issued.

(3.) ON the other hand, Mr. A Khan, the learned counsel appeared for on behalf of the respondent submitted that, the petitioner voluntarily tendered his resignation on 07.01.08 and the said resignation letter was hand written by the petitioner himself and also submitted another resignation letter in type copy duly signed by him on 14.01.08 which are at Annexures -R -12 and R -13 respectively.