REPORTABLE

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

J U D G M E N T

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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basis  of  the  letter  of  resignation.  That  being  so,  there  is  no  scope  for

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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