SAFAI MUKESH KUMAR BALMIKI Vs. UNION OF INDIA

JUDGEMENT

(1.) The brief facts of the case is that the petitioner was enrolled in the Assam Rifles as Rfn (Safai) on 21st November, 1997. In the course of his service the petitioner had been awarded five red ink entries for being an incorrigible offender and also on acts which were prejudicial to good orders and discipline of the force.

(2.) The petitioner on being given five red ink entries thereafter was given a show cause notice as to why action should not be taken against him and after said show cause was filed and considered by the respondents was finally discharged by order dated 3rd December, 2015. As such he is before this Court by way of the instant writ petition assailing the said order of discharge.

(3.) Mr. S.D. Upadhaya, learned counsel for the petitioner submits that the discharge order is bad in law for the reasons that; firstly five red ink entries do not make it mandatory for an order of discharge to be passed. He further submits that he was not given an opportunity to defend himself, and contends that the discharge order was not in accordance with and in violation of Rule 25 of the Assam Rifles Rules. He further submits that the discharge is by a non-speaking order and that the show cause reply was not considered in a manner in line with how a proper disciplinary proceeding is to be conducted. The learned counsel to support his submissions has placed reliance on the case of Veerendra Kumar Dubey v. Chief of Army Staff and Ors. reported in (2016) 2 SCC 627 which he submits is distinguishable from the judgment in the case of Union of India and Ors. v. Balwant Singh reported in (2015) 14 SCC 389 which deals with such matters of four red ink entries.