THE UNION OF INDIA AND ORS. Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Single Judge dated 26.02.2014 passed in WP (C) No. 361/2011 wherein and where -under, the learned Single Judge quashed the impugned order dated 14.08.2002 for discharging the respondent/writ petitioner from Assam Rifles being incorrigible offender and directed the appellants/respondents to reinstate the respondent/writ petitioner in service within a month.

(2.) HEARD Mr. N Mozika, learned CGC appearing for the appellants/respondents and Mr. R Jha, learned counsel for the respondent/writ petitioner.

(3.) THE respondent/writ petitioner was inducted in Assam Rifles as a Rifleman/Water Carrier on 06.07.1992 and after successfully completed training, he was posted at 25th Battalion Assam Rifles as parent Unit and he had served the Unit to the utter satisfaction of all the superior officers in the chain of command and nothing adverse was known to him. On 28.06.2002, the respondent/writ petitioner had been issued with a show cause notice dated 28.06.2002 as to why action should not be taken against him in terms of Section 4(a) of the Assam Rifles Act, 1941 read with Record Office Instruction No. 4 of 1999 and Para 24 of Chapter VIII of the Assam Rifles Manual. In the said show cause notice dated 28.06.2002, the statements of offence against the respondent/writ petitioner were that on 28.06.1999, 29.03.2000, 14.09.2000 and 01.03.2002, the respondent/writ petitioner had proceeded on leave and overstayed. It is also further alleged in the show cause notice dated 28.06.2002 that the respondent/writ petitioner had been awarded punishments for the said overstaying and incurred 4 (four) red entries in his ACR/Dossier. The said show cause notice dated 28.06.2002 reads as follows: - -