- (1.) The petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 19.6.2008, Annexure P-1 whereby he has been discharged from service. The petitioner has also impugned order dated 21.1.2008, Annexure P-4 whereby punishment has been imposed upon him.
(2.) The petitioner has averred in the writ petition that he joined the Assam Rifle on 19.8.2000 and served the same for more than seven years and ten months. He was discharged from service vide order dated 19.6.2008, Annexure P-1. The petitioner is aggrieved by the said order directing his discharge from service. We have heard learned counsel for the petitioner. The counsel has contended that the petitioner was awarded Police Duty Medal, 50th Independence Anniversary Medal and Samanaya Seva Medal for the services rendered by him. The petitioner had also passed the certificate course for National Security Guard Training Centre Manesar (Haryana) from 29.1.2007 to 21.4.2007 for which he was appreciated. The counsel has also contended that the petitioner has been wrongly discharged from service. His service record has not been kept in mind by the authority while discharging him from service. Besides, no proper opportunity of hearing was granted to him before the impugned decision was taken.
(3.) We have perused the records annexed with the petition. A perusal of Annexure P-4 shows that the petitioner was found in a state of intoxication while on duty on number of occasions for which he was punished with rigorous imprisonment for varying periods. Due to this, he earned three red entries. He was thereafter warned and asked to be careful in future. It was made clear that if he earned fourth red ink entry in his service document, then action would be taken to discharge him from service under Assam Rifles Act Section 4 (a) read with ROI 1/2004 and Para 24 of Chapter VIII of AR Manual.;