Decided on March 12,2020

UNION OF INDIA Respondents


Mohammad Rafiq,CJ. - (1.) This writ petition has been filed by Shri Rajesh Kumar, who was working as Havildar Clerk in Assam Rifles, challenging the order dated 26.09.2015 whereby, he was dismissed from service, on being found guilty by the Summary Assam Rifles Court on desertion of service on 18.09.2004 (FN) till he voluntarily rejoined on 16.05.2009 (FN).
(2.) The petitioner joined as Clerk in Assam Rifles in the year 1992 and after completion of training, he was posted to various units. The petitioner was later on promoted to the post of Havildar Clerk in June 2001. When the petitioner was posted to 35th Assam Rifles, he took casual leave of fifteen days w.e.f. 01.09.2004 to 17.09.2004. According to the petitioner, he could not rejoin on 18.09.2004 as there were disputes between petitioner's wife and his mother and the situation had gone out of control as both of them were not prepared to live together. Under the compelling circumstances, the petitioner could not rejoin his service. In fact, he submitted an application for discharge from service being tired of grave family problems. The petitioner has alleged that on 04.08.2009, he was called by the Commandant and directed to sign one prepared paper which the petitioner had to sign under compulsion. Thereafter on 08.09.2009, the petitioner was served with a warning letter issued by the Commandant for trial under Section 25(1) of the Assam Rifles Act, 2006 (for short the Act of 2006). He was dismissed from service vide order dated 14.09.2009.
(3.) The petitioner challenged the aforesaid order before this Court by filing a writ petition [WP (C) No.85 of 2014] and this Court allowed the writ petition vide judgment dated 10.12.2014 and set aside the order of dismissal dated 14.09.2009 on the ground that the Commandant was not the competent authority to pass such order by invoking Section 11(2) of the Act of 2006. He was also awarded Rs.5000/- as costs. Thereafter, petitioner was reinstated in service on 13.02.2015. But subsequently he was again dismissed from service vide order dated 26.09.2015.;

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