No.020260105 Const. Indra Joishi vs The Union Of India And 3 Ors
2021 Latest Caselaw 3217 Gua

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GAHC010118262013




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/413/2013

            NO.020260105 CONST. INDRA JOISHI
            S/O SRI GOPAL JOISHI R/O VILL- NATUN BASTI P.O. and P.S. HAFLONG,
            DIST. DIMA HASAO N.C. HILLS, ASSAM.


            VERSUS

            THE UNION OF INDIA and 3 ORS
            REP.B Y THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
            AFFAIRS, NEW DELHI- 110066.

            2:THE DIRECTOR GENERAL

             SASHASTRA SEEMA BAL
             NEW DELHI- 110066.

            3:THE DEPUTY INSPECTOR GENERAL
             SECTOR HQRS. SSB. HPC COLONY
             BARAUNI BEGUSARAI
             BIHAR PIN- 854301.

            4:THE COMMANDANT
             18TH BN. SSB.
             BIRPUR P.O. BIRPUR
             DIST. SUPAUL
             BIHAR
             PIN-854340

Advocate for the Petitioner   : MR.B KUMAR

Advocate for the Respondent : ASSTT.S.G.I.
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                                      BEFORE
                          HON'BLE MR. JUSTICE NANI TAGIA


                                     :: O R D E R ::

30.11.2021

Heard Mr. K. Paul, learned counsel for the petitioner and Mr. R.K.D. Choudhury, learned ASGI for all the respondents.

Though the pleaded case of the petitioner would indicate otherwise, Mr. Paul, learned counsel for the petitioner by referring to a judgment of this Court rendered in Biswarup Mukherjee Vs. Union of India and Ors. 2017 (3) GLT 251 contends that before a CRPF personnel is discharged from service an undertaking is required to be taken under the CRPF

Guidelines on Discharge, dated 17th May, 1990 which has been held to be mandatory by this Court in the decision of this Court referred to hereinabove. Such an undertaking from the petitioner was not obtained before the impugned discharge order was passed by the respondent authorities for which he prays for perusal of the record of this case to ascertain the same.

In view of above, let the matter be listed on 04.01.2022 to enable Mr. Choudhury, learned ASGI to produce the records of the case and to make further submission in this regard.

JUDGE

Comparing Assistant