AKBAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Chanda, learned counsel for the petitioner as well as Mr. S.C. Shyam, learned CGC appearing for the respondents.

(2.) Facts leading to the filing of this writ petition may be summarised as follows : The petitioner joined in the service of Assam Rifles as Lance Naik (Writer) on 11.04.1969. Having found the service of the petitioner satisfactory, the respondent authority Assam Rifles promoted him to the post of Naik clerk on 25.1.74 and subsequently to the post of Havildar Clerk on 27.9.79. After serving for about 11 years in the post of Havildar Clerk, the petitioner was suddenly demoted to the rank of Rifleman clerk by an order dated 18.8.88, on the ground of misconduct, for having failed to control the agitation launched by the employees of Assam Rifles on 6.7.98, as a senior employee.

(3.) In this context it has been stated by the petitioner that many other employees of Assam Rifles who participated in the said agitation on 6.7.88, were dismissed from service. However, the petitioner was neither dismissed nor placed under suspension, but was demoted to the rank of Rifleman without holding any enquiry in terms of the provision of Rule 19 (ii) of CCS (CC &A)Rules, 1965. The reasons for demoting the petitioner as reflected in the order dated 18.8.88 passed by the competent authority reads as follows: