NO.G/115328N, RFN/GD KARAM SINGH Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) HEARD Mr. R Jha, learned counsel for the petitioner and Mr. K Paul, learned CGC appearing for the respondents.

(2.) THIS Court passed an order on 02.06.2015 in this writ petition, which reads as follows: - -

(3.) It is the submission of Mr. K. Paul, learned CGC appearing for the respondents that the disciplinary proceedings against the petitioner had been taken up by the authority under the Central Civil Service (Classification, Control and Appeal) Rule 1956 and thereafter, the impugned order dated 26.09.2010 had been passed by the Commandant for discharging the petitioner from service. Mr. R Jha, learned counsel for the petitioner contended that the impugned order dated 26.09.2010 is not the order for compulsory retirement simpliciter inasmuch as after the full length departmental enquiry, the impugned order dated 26.09.2010 had been passed for discharging the petitioner from service. Be that as it may, the only point raised by the petitioner for assailing the impugned order dated 26.09.2010 is that the Commandant is not the competent authority for dismissing/discharging the petitioner who is a Rifleman GD from service. In support of his contention, Mr. Jha, learned counsel for the petitioner has drawn the attention of this Court to Section 11 of the Assam Rifles Act, 2006 (for short 'the said Act of 2006'), which reads as follows: - -