(1.) THE petitioner, while working as Rifleman in the 4th Assam Rifles having been discharged from service by order of the Colonel Commandant dated 02.01.2004 in Annexure -A/4, has filed this writ application challenging the said order of discharge as well as the order passed by the Lieutenant General Director General, Assam Rifles rejecting his appeal.
(2.) THE petitioner while working as Rifleman incurred 4(four) red ink entries in his dossier. The 4(four) red ink entries had been given in between 1989 -1998, details whereof are given below: -
(3.) WHEN the writ application was pending before this Court, Armed Forces Tribunal was constituted and the case was transferred to the Armed Forces Tribunal for adjudication. The writ application was registered before the Tribunal as TA No.04 of 2013. After hearing the parties, by judgment and order dated 3rd Oct. 2013, records were sent back to the High Court for adjudication again on the ground that employees of Assam Rifles are not covered and the Arm Forces Tribunal(Original Bench, Gauhati) was not competent to adjudicate the dispute. After the Tribunal remitted the matter back to the High Court, it was taken up for hearing.