- (1.) The respondent was inducted into the service of the Assam Rifles as a Rifleman on 25.11.1991. He claims to have discharged his duties to the absolute satisfaction of his superiors, and earned promotions to higher ranks till 2007, when he came to hold the rank of Havaldar. Whilst holding the rank of Havaldar, he was issued a show cause notice dated 27.08.2008 informing him, that he had earned four "Red Ink entries", and asking him why he should not be discharged from service. The aforesaid show cause notice relied upon certain provisions of the Assam Rifles Act, 1941, besides the Assam Rifles Manual, and also Clause 5 of the Record of Office Instructions 1/2004 (hereinafter referred to as the 'ROI 1/2004').
(2.) In the show cause notice, the respondent was intimated, that he had earned nine punishments which included five "Red Ink entries" and "four Black Ink entries". The details of the disciplinary action taken against the respondent has been depicted in a compilation, which is a part of the record of the case, and is being extracted hereunder: JUDGEMENT_69_LAWS(SC)7_2015_1.html
(3.) In addition to the factual position, indicated hereinabove, learned counsel for the appellants highlights the fact, that after the first three "Red Ink entries" were recorded against the respondent, a notice dated 2.3.2008 was issued to him, informing the respondent, that he had already been issued three "Red Ink entries", and that he was liable to be discharged from service, in case one further "Red Ink entry" is recorded. The respondent submitted a reply thereto, undertaking not to commit any further delinquency, and acknowledging, that in case one further "Red Ink entry" was issued to him, he may be discharged from service.;