Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Armed forces |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Armed forces – Discharge from service – Appellant was discharged from service on the basis of four Red-Ink entries received by him during his period of service – Writ petition filed by him challenging order of discharge – Single judge relied upon the judgment in Balwant Singh wherein similar issue was involved regarding discharge from Assam Rifles on securing four Red-Ink entries – In that case, it was held that the authority vested with the power to discharge must examine the response of the concerned person and weigh the same vis-a-vis the severity of the misconduct which led to incurring of the Red-Ink entries in the service rolls; and that the order of discharge and the procedure preceding such discharge being of summary nature, it is necessary that the order of discharge is a speaking order – Relying on the said judgment, Single Judge set aside the order of discharge and remitted matter to competent authority for fresh decision – However, Division Bench set aside the order passed by Single Judge on the ground that neither the Assam Rifles Act, 1941 nor the Assam Rifles Act, 2006 requires the authority to record any reasons or satisfaction in the order of discharge itself – On appeal, held: Where there are no reasonable grounds for formation of the authority’s opinion, judicial review in such a case is permissible – There is nothing on record to indicate that the nature of the misconduct leading to the award of four Red Ink entries was so unacceptable that the competent authority had no option but to direct his discharge to prevent indiscipline in the force – Therefore, to do substantial justice, order of discharge is set aside and appellant is treated to have been in service till the time, he could be said to have completed the qualifying service for grant of pension – Assam Rifles Act, 1941 – Assam Rifles Act, 2006 – Assam Rifles Regulation, 2016 – Regns. 107 and 108. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2022 INSC 724 |
Petitioner | Amarendra Kumar Pandey |
Respondent | Union Of India & Ors |
SCR | [2022] 12 S.C.R. 223 |
Judgement Date | 2022-07-14 |
Case Number | 11473 |
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