MOIRANGTHEM SOMORJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Devananda, learned counsel appearing for the petitioner and Mr. Bijyananda Sharma, learned CGC for the respondents.

(2.) According to the petitioner, he is presently serving as Assistant Sub-Inspector (ASI) in the SSB posted at 29 Bn SSB Gaya. On 03.03.2020 the Dy. Comdt. (Comn/Admn), FTR Hqrs SSB, Tezpur (Assam) issued an Officer Order by which as many as 19 personnel including the petitioner were transferred at different places of posting. So far as the petitioner is concerned, he was transferred from 29 Bn SSB Gaya to the 30 Bn. Dirrang, Arunachal Pradesh.

(3.) On 18.03.2020, a letter was addressed to the Commandant, 29th Bn SSB Gaya (Bihar) for releasing the petitioner from the present place of posting to the new place of posting. In the meantime, a preliminary inquiry was admittedly held wherein the petitioner had answered question No. 5 in the negative. According to the petitioner, before the inquiry was completed, a show cause notice dated 17.06.2020 was issued as to why the petitioner should not be subjected to compulsory retirement/dismissal. Thereafter, according to him, he was forced to sign a letter to the fact that he was ready to go by Voluntary retirement. Consequently, Memorandum dated 22.07.2020 was issued directing the petitioner to go on retirement w.e.f. 01.10.2020. Being aggrieved by the said Memorandum dated 22.07.2020, the petitioner has preferred an appeal to the Inspector General, Frontier Headquarters, SSB, Patna, Bihar on 24.08.2020 praying for revoking/cancelling the said Memorandum awarding him compulsory retirement. It is further the case of the petitioner that on 01.09.2020, there was a communication by which all the concerned authorities were directed to furnish relevant papers for promotion which includes the name of the petitioner and inspite of that, a memorandum dated 15.09.2020 was issued directing the petitioner to report at 29th Bn SSB, Gaya for proceeding on Voluntary retirement w.e.f. 01.10.2020. Being aggrieved, the said show cause notice dated 17.06.2020, Memoranda dated 22.07.2020 and 15.09.2020 are being questioned by the petitioner in this writ petition on the ground that no action can be taken against him except in accordance with Section 29 of the SSB Act which the respondents had failed to do so.