KEYILEUGONGBE Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present case, the issue that needs to be addressed by this Court is to whether the discharge of the petitioner from his service as a Rifleman, General Duty by the competent authority in the Assam Rifles is lawful in the facts and circumstances of the case.

(2.) The petitioner has filed this petition under Article 226 of the Constitution of India for a writ in the nature of certiorari and or/mandamus for quashing of the impugned Order dtd. 4/10/2015 passed by the Brigadier, DIG Office of the Deputy Inspector General Assam Rifles, Headquarters 7 Sector Assam Rifles, by which the petitioner was discharged from his service on the ground of being an incorrigible offender w.e.f. 9/10/2015. The petitioner had also challenged the Warning Letter dtd. 10/5/2015 issued by the said authority as well as the impugned Show-Cause Notice dt. 5/9/2015 issued by the said authority. The petitioner has also prayed for reinstatement of his service in the Assam Rifles.

(3.) The facts of the present case is that the petitioner was enrolled in the 23rd Assam Rifles to the rank of Rifleman, General Duty on 19/9/2007 with Regimental No. G/5013723 and he was working in the said post since then. On 10/5/2015, the petitioner was served with a Warning Letter issued by the Brigadier, DIGAR stating that in his service of 8years 5 months and 22 days, he had incurred three red ink entries in his dossier. The details of the offences were mentioned in the said Warning Letter and the same is reproduced below: