RFN/GD ARVIND KUMAR NO. 38639 Y Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking to quash Battalion Routine Order dated 17.10.2015 and to direct the respondents, particularly, the third respondent to pay the salary of the petitioner from the date/month of withholding i.e., from March 2015 to December 2015.

(2.) It is the case of the petitioner that he joined Assam Rifles on 11.2.2002 as Rifleman/GD and now posted as 3 Assam Rifles, Sehlon, Chandel District, Manipur. Initially, he was granted Earned Leave for 27 days from 9.2.2015 to 7.3.2015 and during the period of Earned Leave, the petitioner got ill and treated at Central Police Force Hospital, Moradabad and the Doctor advised him for bed rest from 4.3.2015 to 17.3.2015. Again on 18.3.2015, the petitioner was treated at the same Hospital and the Doctor advised him for bed rest from 18.3.2015 to 24.3.2015, as his health condition was not improved. On 28.3.2015, the petitioner reached the transit camp at Dimapur and then he reached his Unit at Sehlon on 1.4.2015 and on the next day, he attended the interview with the Commandant, 3 Assam Rifles, the third respondent herein. However, the third respondent denied the medical report and recorded as unauthorised. He was also threatening for voluntary discharge from service.

(3.) On 7.4.2015, the petitioner was given 14 days rigorous imprisonment in Unit guard under the impugned order dated 17.10.2015 and he was asked to perform duty by marching on foot at a distance of 18 kms from Battalion Headquarters and he was mentally and physically harassed by handcuffing him as a criminal and paraded around the Unit area. Moreover, the third respondent withheld ten months salary of the petitioner from March 2015 to December 2015 without showing any cause and also without any valid order while the petitioner had been rendering his duties without any interruption till date.