AMRIT MINZ Vs. UNION OF INDIA

JUDGEMENT

(1.) The discharge from service of the petitioner from the post of Rect/ Lab Assistant under the Assam Rifles, vide order dtd. 28/8/2017 is the subject matter of challenge in this writ petition filed under Article 226 of the Constitution of India. The grounds of challenge, in brief, are violation of the principles of natural justice and that the impugned action is a forced one whereby the consent of the petitioner has been wrongly shown.

(2.) The facts of the case, in a nutshell, is that pursuant to a recruitment drive held in March 2016, the petitioner was appointed to the post of Rect / Lab Assistant in the Assam Rifles and he had joined the Training Centre, Dimapur on 1/1/2017 and had undergone the Military Basic Training. However, an incident had occurred on August, 2017 when the petitioner was detailed with night guard duty in the family line of the Training Centre. According to the petitioner, he had heard a noise from a nearby family quarter and he had accordingly gone there and saw a girl crying loudly and had tried to pacify her. However, he was surprised that in the next morning he was called to the main office and was assaulted and kept in custody in a dark room with no light, fan or even ventilation for 10 days. It is further contended that his signatures were obtained on some papers and the contents were not known to him. He had also sustained injuries because of the assault and was ultimately discharged from service on 28/8/2017. The petitioner alleges that he comes from a poor family and belongs to the ST Community and after being treated for the injuries, he could file this writ petition.

(3.) I have heard Ms. S. Bora, learned counsel for the petitioner. I have also heard Shri SS Roy, learned CGC.