RAJESH KUMAR Vs. THE UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioner is assailing the impugned order dated 14.09.2009 passed by the respondent No. 5 Commandant 35th Assam Rifles C/o 99 APO for dismissing the petitioner from service.

(2.) Heard Mr. R. Jha, learned counsel for the petitioner and Mr. S.C. Shyam, learned senior counsel assisted by Mr. B. Deb, learned counsel appearing for the respondents.

(3.) At the very outset of the hearing, Mr. R. Jha, learned counsel for the petitioner contended that the present writ petition is squarely covered by the judgment and order of the Division Bench of the erstwhile Gauhati High Court (Hon'ble Mr. Justice T.N.K. Singh and Hon'ble Mr. Justice H. Baruah) dated 29-08-2011 passed in WA No. (SH)33/2011 wherein and where under, the Division Bench of the erstwhile Gauhati High Court upheld the jud-gment and order of the learned single Judge dated 20.07.2011 passed in WP(C) No. (SH) 148/2010 that the Commandant of the Assam Rifles is not the competent authority under Section 11 (2) of the Assam Rifles Act, 2006 for dismissing the service of the Rifleman as well as Havildar of the Assam Rifles and this Court also in the judgment and order of the Division Bench dated 30.07.2014 passed in WA No. 45/2014, is of the same view that the Commandant of the Assam Rifles is not the competent authority under Section 11 of the Assam Rifles Act, 2006 for dismissing the service of the Rifleman and Havildar.