UMED SINGH TANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, challenge has been made to the order dated 16.04.2018 discharging the petitioner from service being incorrigible offender effective from 30.04.2018.

(2.) Briefly, the facts may be noticed. The petitioner was enrolled with Assam Rifles as Rect (GD) on 05.04.2002 and after completing the training he was inducted in Assam Rifles as Rifleman (GD) and attached with 42 A.R. Petitioner asserts that he had completed 15 years 7 months of service as Rifleman and another 5 years which would entitle him to claim full pension as per CCS rules. Further, during the tenure of his service of 15 years 7 months, there were 4 red ink entries in his service dossier, and he was adequately punished for each offence without following due process of law. The offences committed by the petitioner are not serious in nature. The first offence committed related to overstaying 13 days of his leave for which he gave a valid reason but was punished with imprisonment, whereas, the rest of the offences are for consuming alcohol or intoxication. The punishment awarded to the petitioner for the alleged intoxication was without any report from the doctor therefore, the said punishment was not plausible and needs to be expunged from his service record.

(3.) According to the petitioner, the respondent authorities had issued the impugned show cause notice to him, wherein, no proceedings of the said punishment was specified and in absence thereof, the punishment awarded to him was liable to be quashed and set aside.