MANISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by the Annexure -2 order dated 18/07/2012 discharging him from service on account of the resignation w.e.f. 01/10/2012. According to the petitioner he had never tendered resignation from service and the resignation letter that was shown to have been tendered by him is in fact is the product of forgery.

(2.) THE petitioner joined the Assam Rifles as Sepoy (GD) in the year 2003 and thereafter was promoted as Rifleman in the year 2005. While he was posted at the newly formed Unit of the Assam Rifles i.e. 46 Assam Rifles, he was punished for unauthorized absence from duty. Thereafter he joined duty but on 18/07/2012, the impugned order was issued discharging him from service w.e.f. 01/10/2012. Such discharge was on the ground of resignation from service tendered by him.

(3.) AS regards the unauthorized absence from duty, it is the stand of the petitioner that he had to leave the Unit to attend his mother who was in a very critical condition. That was in 2010. As stated in the writ petition he had reported back to duty in September, 2011. According to him, on resumption of duty, the authority asked him to sign some papers which he accordingly did and later on came to know that the same were used towards issuance of the order of discharge from service. Referring to Rule 27 of the Assam Rifles Rules, the petitioner has contended that for acceptance of resignation, there will have to be resignation letter from the employee and in absence of the same, the employer cannot do anything unilaterally.