RAJESH KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Petitioner was appointed as a Rifleman in Assam Rifles on 6th July, 1992. A Show Cause Notice dated 19th Feb., 2005 (Annexure P-1) was served upon the petitioner informing him that till date he had incurred the following red ink entries:-

(2.) It was mentioned in the Notice that inspite of having been advised many times to improve his conduct, petitioner had not shown any change for the better. He had thus become an incorrigible offender with confirmed bad character. It was also mentioned in the Notice that it had become essential to initiate action against him in terms of Section4(a) of Assam Rifles Act, 1941 read with ROI 4/99 and para 24 of Chapter VIII of Assam Rifles Manual. Petitioner was called upon to submit a rely to the show cause notice as to why proposed action be not initiated against him within 30 days.

(3.) As per the petitioner, even before he could submit his reply to the show cause notice, respondents discharged him from service, vide decision dated 3.3.2005 (Annexure P-2) without even waiting for 30 days time period. Contents of impugned decision dated 3.3.2005 are quoted hereinbelow:-