found habitual offenders and undesirable for retention
in service after four red ink entries. It was pointed out that a show
cause notice was served ... pleaded that the
respondent/writ petitioner even after four red ink entry marks
recorded on 17.01.2002 was allowed to remain in service and
discharged
that the petitioner during his service was
awarded five red ink and one black ink entry. Finally he was discharged
locally from the Army with ... authorities. The petitioner
had got five red ink entries and one black ink entry. He was a habitual
offender and had been given maximum opportunity
learned counsel further contended that the 5(five) Nos. of Red
Ink entries in the service book of the petitioner was also not in conformity ... Army Rules, 1954. So, the 5(five) Nos. of Red Ink entries
also may be quashed.
5. On the other hand, the learned Sr. counsel
found
habitual offenders and undesirable for retention in
service after four red ink entries. It was pointed out that
a show cause notice was served ... pleaded that the
respondent/writ petitioner even after four red ink entry
marks recorded on 17.01.2002 was allowed to remain in
service and discharged
rapid succession in June, August, September and November,
2010, "red ink entries" were awarded to him in respect of his conduct. The
first ... confinement to camp in each occasion. For the next two red ink
entries, various minor misconducts were alleged; he was awarded penalty of
8 days
order of his discharge
from service dated 09.11.1993 based upon four red ink entries and order
of the Tribunal dated 22.07.2011 by which ... which it was alleged that he had incurred four red ink entries during his
service and was required to be discharged under item
loss of luggage by the
petitioner, he was awarded a red ink entry on the 14th of October, 2008
and a black ink entry ... which reads as follows:-
"(e) Airman who incurred any Red Ink Entry in Sheet
Roll, due to lack of integrity, moral turpitude, financial
irregularities
confessional statement,
proceeded to issue severe reprimand. This resulted in a red ink entry in
the petitioner's service records which ultimately affected ... double jeopardy inasmuch as first
he was inflicted with a red ink entry without an enquiry; and then to
compound that
months of service he has been given
4(four) Red Ink Entries under the Army Act, 1950 and he was finally
discharged from service ... Baruah, the learned counsel for the petitioner
who submitted that, 1st Red Ink Entry was made on 4.11.09 on the
ground that he was absent
domestic problems he lost his
mental balance and earned three red ink entry punishments under Section
39(a) of the Army Act. In this background ... Petitioner was allowed to work for two years after the last red ink
entry made in 1996, there was no provocation for his discharge, made