Court finds no procedural unfairness in trainee's discharge; rules completion of training mandatory for reinstatement.
In a significant ruling, the Gauhati High Court has upheld the dismissal of Sachin Kumar Thakur, a former trainee of the Assam Rifles Training Centre, emphasizing the importance of completing training for reinstatement in the force. The Division Bench, comprising Justices N. Unni Krishnan Nair and Yarenjungla Longkumer, delivered the judgment on February 4, 2026, dismissing an intra-court appeal filed by Thakur against a previous judgment.
Thakur, who had joined the Assam Rifles Training Centre in Dimapur in 2012, was discharged from service on March 31, 2012, at his own request, according to the authorities. He contested this, claiming procedural unfairness and alleging that his resignation was forced. Thakur's appeal was based on arguments of non-compliance with Assam Rifles Rules, 2010, and violations of constitutional rights, including Articles 16 and 19.
The court, however, found that Thakur had not successfully completed his training, a prerequisite for absorption into the Assam Rifles. It held that his termination was consistent with the terms outlined in his appointment letter, which stipulated termination without notice if training was not completed within the stipulated period.
Additionally, the court dismissed allegations of a forced resignation, noting that Thakur signed an affidavit dated February 16, 2012, indicating his voluntary decision to resign. The affidavit was properly notarized, and the court observed no evidence suggesting coercion.
The Bench also emphasized that the findings of the Single Judge, who initially heard the case, were not perverse and thus did not warrant interference. The judgment referenced the Supreme Court's decision in "Airport Authority of India v. Pradip Kumar Banerjee," reiterating that findings of fact by a Single Judge in employment matters should not be disturbed unless found to be perverse.
In conclusion, the court dismissed Thakur's appeal, reinforcing the principle that procedural adherence and completion of mandatory training are essential for members of security forces.
Bottom Line:
Employment law - Discharge from training in Assam Rifles - Member of Assam Rifles force cannot resign during term of engagement except with previous permission in writing of the prescribed authority - Completion of training and absorption in the force is mandatory for reinstatement.
Statutory provision(s): Assam Rifles Act, 2006 Sections 8, 13; Articles 16, 19 of the Constitution of India; Assam Rifles Rules, 1985; CCS (Pension) Rules 1972.
