Thereafter he submitted a letter of resignation which was accepted by order dated 18.12.1995 to be effective from 29.2.1996.
We find that the authorities placed on record original letter dated 23.11.1995.
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.
The respondent Union of India took the stand that the writ petitioner and others got themselves involved in some companytroversies whereupon the writ petitioner was given punishment of quarters guard.
Learned additional standing companynsel 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 numberody in the family to look after it.
The appellant has taken the stand that he has number given voluntary resignation and the blank signatures were taken from him.
By order dated 18.12.1995, the DG, Assam Rifles passed the order and accepted the resignation on companypassionate ground to be effective from 29.2.1996.
Learned Single Judge held that the appellant was number removed from service on the ground of desertion but on the ground that he had sought for voluntary discharge from service which was accepted.
Learned companynsel for the appellant submitted that there was, in fact, numbervoluntary resignation and his signatures were taken on blank papers while he was in illegal detention.
Appellants 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 numberice to him as required under law and without holding any disciplinary proceedings.
But before that date the writ petitioner deserted whereupon he was declared as deserter and numberices were served on him along with others.
Dr. ARIJIT PASAYAT, J. Leave granted.
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.
