DHARAMBIR PAYAING Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner, who was enrolled in the Assam Rifles through the rally held on 10.12.2008 at Dimapur and had undergone training at the JAKRIF Regiment Centre, Jabalpur from 09.02.2009 to 10.10.2009, has challenged the Discharge Order under No. 1.12011/08/Rec/IMB/2010/626 dated 10.04.2010. The petitioner has also prayed for writ directing the respondents to reinstate him w.e.f. 30.04.2010 with all pecuniary and other consequential benefits. The decision as communicated by the letter under No. 1.12011/67/Rec/2012/3829 dated 09.06.2012, disposing the representation filed by the petitioner has also been challenged in this writ petition.

(2.) THE facts are mostly admitted.

(3.) THE respondents by filing the counter affidavit, have seriously resisted the claim of the petitioner. In para 6 of the said counter affidavit, the respondents alleged certain unbecoming conducts of the petitioner. But they have laid the medical history as well as the treatment history as provided in the writ petition and it has been contended there that :