SATISH KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed challenging an order dtd. 9/4/2020 by which the petitioner was discharged from his service in the Assam Rifles on the ground that he had earned four red ink entries. The petitioner contends that the red ink entries were awarded to him without adhering to the due process of law. It is further alleged that the impugned order was passed without any inquiry, thereby resulting into gross violation of the principles of natural justice.

(2.) As per the facts projected, the petitioner was appointed as a Rifleman in the Assam Rifles in 1993. In the year 1998 he had successfully completed the commando course and thereafter had completed the physical training course. It is the case of the petitioner, that in 2002, while he was on leave, his grandfather fell seriously ill and subsequently passed away, due to which he had to seek an extension of his leave. The petitioner has pleaded that he had made a telephonic request for the extension which was, however, refused. As a result, there was a delay of ten days in rejoining his duties. The aforesaid delay culminated in a court martial proceedings pursuant to which, the petitioner was sentenced to 28 days of rigorous imprisonment. The said sentencing and imprisonment led to the first red ink entry in his service record.

(3.) It has been pleaded that in January 2012, while the petitioner was detailed for a physical efficiency test and firing practice, he was hospitalised and advised two weeks of rest. However, the said period was treated as unauthorized absence and another court martial was conducted, which again resulted into a similar penalty of 28 days of rigorous imprisonment, thereby leading to a second red ink entry.