Union Of India & Ors vs Balwant Singh

1. The respondent was inducted into the service of the Assam Rifles as a Rifleman on 25.11.1991. He claims to have discharged his duties to the absolute satisfaction of his superiors, and earned promotions to higher ranks till 2007, when he came to hold the rank of Havaldar. Whilst holding the rank of Havaldar, he was issued a show cause notice dated 27.08.2008 informing him, that he had earned four “Red Ink entries”, and asking him why he should not be discharged from service. The aforesaid show cause notice relied upon certain provisions of the Assam Rifles Act, 1941, besides the Assam Rifles Manual, and also Clause 5 of the Record of Office Instructions 1/2004 (hereinafter referred to as the 'ROI 1/2004').

2. In the show cause notice, the respondent was intimated, that he had earned nine punishments which included five “Red Ink entries” and “four Black Ink entries”. The details of the disciplinary action taken against the respondent has been depicted in a compilation, which is a part of the record of the case, and is being extracted hereunder:

3. In addition to the factual position, indicated hereinabove, learned counsel for the appellants highlights the fact, that after the first three “Red Ink entries” were recorded against the respondent, a notice dated 2.3.2008 was issued to him, informing the respondent, that he had already been issued three “Red Ink entries”, and that he was liable to be discharged from service, in case one further “Red Ink entry” is recorded. The respondent submitted a reply thereto, undertaking not to commit any further delinquency, and acknowledging, that in case one further “Red Ink entry” was issued to him, he may be discharged from service.

4. In response to the show cause notice dated 27.08.2008, which was issued to the respondent after the fourth “Red Ink entry” was recorded on 26.08.2008, the respondent submitted a reply acknowledging the entire factual position depicted in the show cause notice. It is therefore, that an order of discharge dated 7.2.2009 was passed. In the above order of discharge, it was mentioned, that the action had been taken against the respondent, inter alia, under Clause 5 of ROI 1/2004, as it had been concluded, that he was an 'incorrigible offender'. Despite having so concluded, he was held entitled to pension and gratuity, as were admissible under the rules.

5. Dissatisfied with the order of discharge, the respondent addressed a representation dated 20.04.2009 to the Director General, Assam Rifles. The aforesaid representation was rejected by an order dated 8.5.2009. The respondent assailed all the adverse orders passed against him, by filing Writ Petition No. 167(SH) of 2009 before the Gauhati High Court. The aforesaid writ petition was dismissed by a learned Single Judge on 22.4.2010. The respondent then preferred Writ Appeal No. (SH)54 of 2010, which was allowed by an order dated 2.11.2011. The instant special leave petition was filed by the Union of India and others, so as to assail the order passed by the Division Bench on 2.11.2011.

17. For the reasons recorded hereinabove, we are satisfied that the impugned order passed by the Division Bench of the High Court dated 2.11.2011 deserves to be set aside. Ordered accordingly.

18. The instant appeal is accordingly allowed. The parties shall bear their own costs.

Civil Appeal No.5616/2015 @ SLP(C) No. 12917/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS BALWANT SINGH Respondent(s) (with appln. (s) for c/delay in filing SLP and interim relief and office report) Date : 22/07/2015 This appeal was called on for hearing today.

CORAM :