LAWS(GAU)-2011-11-8

BALWANT SINGH Vs. UNION OF INDIA

Decided On November 02, 2011
BALWANT SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) HEARD Mr. R. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. S. C. Shyam, the learned Central Government counsel representing the respondents.

(2.) THIS appeal is presented against the judgment and order dated 29.11.2010 in WP (C) No. (SH) 167/2009 whereby the learned Court dismissed the writ petition.

(3.) MR. R. Choudhury, learned counsel points out that the petitioner had a distinguished service career spanning over 17 years in the Assam Rifles Organization and only during 23.07.2007 to 11.08.2008 within a span of one year, the then Commandant recorded four red ink entries and this has resulted in the order of discharge by the same Commanding Officer. That the petitioner had maintained high standard of discipline and turnout to the satisfaction of all his superior officers and was selected for participation in the Republic Day contingent for three consecutive years because of his discipline, fitness and devotion. His records in capturing militants and recovery of arms and ammunitions are very good and his selfless devotion to duty was demonstrated in several occasions, when the petitioner risked his life in performance of his assigned task. Notwithstanding such fine carrer, within a one year span for some unknown reasons, one Commanding Officer(C.O.) recorded four adverse red ink entries against the petitioner and he was then discharged from service. Accordingly the counsel alleges biasness against the Commanding Officer.