MUKHTAR AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Union of India.

(2.) Learned counsel for the petitioner submits that the petitioner has filed the present writ petition for quashing the appellate order dtd. 16/5/2016 passed by the appellate authority, i.e. respondent No.3, namely, the Inspector General Frontier HQRS, SSB, Rukunpura House, Baily Road, Patna along with original order dtd. 24/8/2015 passed by the original authority, i.e. respondent No.5, namely, the Commandant 21st Battalion of SSB, Bagha, West Champaran, Bihar by which the order of dismissal has been passed against the petitioner. Learned counsel further submits that the petitioner has been illegally dismissed from the service without proper consideration of his case under Rule 18 read with Rules 11[2], 26, and 179 of SSB Rule 2009.

(3.) Counsel for the petitioner submits that the petitioner is a citizen of India and he is entitled to get the benefits and rights guaranteed to the Indian citizen under the Constitution of India. The petitioner was initially appointed as A Constable [GD]IN 44th Battalion SSB and joined the 21st Battalion on a permanent transfer from 44th Battalion w.e.f. 9/6/2012 till dismissal from service. The petitioner was married to respondent No.5 on 24/1/2011 as per Sunni Muslim custom and rites without any dowry and from the wedlock two daughters were born whose dates of birth are 13/10/2011 and 28/10/2013 and the name of the first daughter was entered in the service book of the petitioner but due to non-availability of birth certificate, the name of second daughter could not be entered in his service book.