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2022 (7) TMI 1326 - SC - Indian LawsDischarge from Assam Rifles on securing four Red Ink entries - difference between cases of major misconducts and minor misconducts - Assignment of reasons for order of discharge - consideration of plea of malafide raised against the authority - principal argument of is that the discharge from service is not automatic or mandatory after four Red entriesis - HELD THAT:- This Court took into consideration the fact that there was no application of mind by the authority to the relevant aspects which were taken into consideration while exercising the power under Rule 13 of the Rules. In both the aforesaid cases, this Court took the view that the mere fact that the Personnel had crossed the threshold of few Red Ink entries could not have been made a ground to discharge them without considering other relevant circumstances, more particularly, the nature of the violation which led to the award of the Red Ink entries. The action based on the subjective opinion or satisfaction, can judicially be reviewed first to find out the existence of the facts or circumstances on the basis of which the authority is alleged to have formed the opinion. It is true that ordinarily the court should not inquire into the correctness or otherwise of the facts found except in a case where it is alleged that the facts which have been found existing were not supported by any evidence at all or that the finding in regard to circumstances or material is so perverse that no reasonable man would say that the facts and circumstances exist. The courts will not readily defer to the conclusiveness of the authority’s opinion as to the existence of matter of law or fact upon which the validity of the exercise of the power is predicated. The doctrine of reasonableness thus may be invoked. Where there are no reasonable grounds for the formation of the authority’s opinion, judicial review in such a case is permissible. Having regard to the nature of the misconduct alleged against the appellant, the ends of justice would be met if we set aside the order of discharge and treat the appellant herein to have been in service till the time, he could be said to have completed the qualifying service for grant of pension. Such an order is passed with a view to do substantial justice as 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. The order of discharge passed against the appellant herein is hereby set aside. The appellant shall be treated to have been in service till the time he would have completed the qualifying service for grant of pension - The benefit of continuity of service for all other purpose shall be granted to the appellant including pension. The monetary benefits payable to the appellant shall be released expeditiously but not later than four months from the date of this order. Appeal allowed.
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