Raj Kumar Singh Vs.
Union of India & Ors.  INSC 168 (27 January 2009)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2009 (Arising out of
S.L.P. (C) No.12815 of 2007 Raj Kumar Singh ...Appellant Versus Union of India
& Ors. ...Respondents
Dr. ARIJIT PASAYAT,
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.
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
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.
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 basis of the letter of resignation. That being
so, there is no scope for interference in this appeal.
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.
appeal fails and is dismissed. No costs.
(Dr. ARIJIT PASAYAT)