Raj Kumar Singh vs Union Of India & Ors

Raj Kumar Singh ...Appellant

Versus

Union of India & Ors. ...Respondents

JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment passed by a Division

Bench of the Guwahati High Court dismissing the writ appeal filed by the

appellant. Appeal was directed against the judgment and order dated 19.5.2003 passed by the learned Single Judge in Civil Rule No.3053 of

1996. Appellant's case in the writ petition and the writ appeal was that

while serving as Rifleman in the Assam Rifles he was removed from service

on the ground of desertion and that too without serving any notice to him as

required under law and without holding any disciplinary proceedings. The

respondent-Union of India took the stand that the writ petitioner and others

got themselves involved in some controversies whereupon the writ

petitioner was given punishment of quarters guard. Thereafter he submitted

a letter of resignation which was accepted by order dated 18.12.1995 to be

effective from 29.2.1996. But before that date the writ petitioner deserted

whereupon he was declared as deserter and notices were served on him

along with others. Learned Single Judge held that the appellant was not

removed from service on the ground of desertion but on the ground that he

had sought for voluntary discharge from service which was accepted.

3. Learned counsel for the appellant submitted that there was, in fact, no

voluntary resignation and his signatures were taken on blank papers while

he was in illegal detention.

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4. Learned additional standing counsel referred to the letter dated

21.11.1995 wherein the appellants clearly stated that he wanted the

resignation from service due to domestic problem as there was nobody in

the family to look after it. Three persons including the appellant had

submitted for discharge from service at own request and the same request

was accepted on 23.11.1995 and the same was to be effective from

29.2.1996.

5. We find that the authorities placed on record original letter dated

23.11.1995. By order dated 18.12.1995, the DG, Assam Rifles passed the

order and accepted the resignation on compassionate ground to be effective

from 29.2.1996. The appellant has taken the stand that he has not given

voluntary resignation and the blank signatures were taken from him. The

plea is clearly unsustainable. There is no material on record and, in fact, it

is not the stand of the appellant that he made any grievance about the

aforesaid act before any authority. Whether he had signed the letter

voluntarily or signatures were taken on blank papers involves disputed

questions of fact which cannot be decided in a writ petition. Learned Single

Judge and the Division Bench noted that the authorities have acted on the

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interference in this appeal.

6. Learned counsel for the appellant stated that the appellant may seek

appropriate remedy for declaration that the letter was not voluntarily given.

We have expressed no opinion in that regard. If and when such remedy is

availed, the question has to be decided in its proper perspective.

7. The appeal fails and is dismissed. No costs.

.........................................J. (Dr. ARIJIT PASAYAT)

...........................................J. (ASOK KUMAR GANGULY) New Delhi, January 27, 2009

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