In Brief
An Assam Rifles rifleman discharged for receiving four red ink entries challenged his discharge order. The Supreme Court held that discharge is not automatic upon receipt of four red entries; it is discretionary. The authority must record reasons in a speaking order and consider relevant circumstances including the nature and gravity of misconduct, the individual's reply to the show cause notice, years of service, and proximity to qualifying for pension. The absence of application of mind to these factors renders discharge invalid. The Court set aside the discharge order and treated the appellant as in service until completion of qualifying service for pension, without back wages but with all statutory benefits."
The lawyer headnote and full judgment text are available to registered users.