Gauhati High Court
Devender Kumar vs The Union Of India And 2 Ors on 2 August, 2024
Page No.# 1/4
GAHC010305462019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/9235/2019
DEVENDER KUMAR
S/O- SRI SARDAR SINGH, R/O- VILL- JHUKERA, P.O. PUSAWALI, P.S.
GUNNOUR, SAMBHAL, UTTAR PRADESH, PIN- 243722, PRESENTLY
SERVING AT GROUP CENTER, CENTRAL RESERVE POLICE FORCE,
AMERIGOG, GHY- 23
VERSUS
THE UNION OF INDIA AND 2 ORS.
REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-
110001
2:THE DIRECTOR GENERAL
CENTRAL RESERVE POLICE FORCE
CENTRAL GOVT. OFFICE COMPLEX
NEW DELHI PIN- 110003
3:THE DY. INSPECTOR GENERAL OF POLICE
GROUP CENTER CENTRAL RESERVE POLICE FORCE
GHY KAMRUP ASSAM PIN- 78102
Advocate for the Petitioner : MR. R MAZUMDAR, MR H BEZBARUA,MRS P RAI
Advocate for the Respondent : ASSTT.S.G.I., MR. K K PARASAR (C.G.C., R1-R3),MR. S C
KEYAL (ASSTT.S.G.I.)
Linked Case : WP(C)/2156/2022
DEVENDER KUMAR NO. 941243521S/O. SRI SARDAR SINGH R/O. JHUKERA
P.O. PUSAWALI P.S. GUNNOUR SAMBHAL UTTAR PRADESH PIN-243722
AND PRESENTLY SERVING AT GROUP CENTER
CENTRAL RESERVE POLICE FORCE AMERIGOG GUWAHATI-781023.
VERSUS
Page No.# 2/4
THE UNION OF INDIA AND 4 ORS
REP. BY THE SECRETARY
MINISTRY OF HOME AFFAIRS
NEW DELHI PIN-110001.
2:THE DIRECTOR GENERAL
CENTRAL RESERVE POLICE FORCE
CENTRAL GOVT. OFFICE COMPLEX
NEW DELHI PIN-110003.
3:THE DEPUTY INSPECTOR GENERAL OF POLICE
GROUP CENTER CENTRAL RESERVE POLICE FORCE
AMERIGOG GUWAHATI PIN-781023.
4:THE COMMANDANT GROUP CENTER
CENTRAL RESERVE POLICE FORCE
AMERIGOG GUWAHATI PIN-781023.
5:RAM AOTAR SINGH COMMANDANT
GROUP CENTER CENTRAL RESERVE POLICE FORCE
AMERIGOG GUWAHATI PIN-781023.
------------
Advocate for : MR. R MAZUMDAR
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 02.08.2024
Heard Mr. Rajesh Mazumdar, learned counsel for the petitioner. Also heard
Mr. K. K. Parashar, learned CGC, appearing on behalf of all the respondents.
Mr. Parashar, learned CGC, after making his submissions in the matter in
justification of the orders impugned in the present proceeding and also with
regard to an order, dated 25.02.2022, wherein, while cancelling the earlier
memorandum, dated 31.10.2006, by which a de novo proceeding was initiated
against the petitioner; the charges itself came to be withdrawn, has sought for an
adjournment to complete his instructions in the matter.
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If the charges are so withdrawn; it is not understood as to how a further
departmental proceeding on the basis of the same charges, could have been so
instituted against the petitioner, herein.
It is also further noted that this Court vide judgment & order, dated
24.01.2019, in WP(c)573/2012, while interfering with the penalty so imposed
against the petitioner, was pleased to direct the respondent authorities, if so
advised, to initiate a fresh/de novo proceeding as per law within a period of
3(three) months from the date of receipt of a certified copy of the order.
It is to be noted herein that once this Court had interfered with the penalty
order as issued against the petitioner in the matter; the entire proceeding
starting from the memorandum of charges, was rendered null and void.
In this connection; reference may be made to the decision of the Hon'ble
Supreme Court in the case of Dharampal Arora v. Punjab State Electricity Board
& anr., reported in (2016) 13 SCC 593. The relevant conclusion of the Hon'ble
Supreme Court in this context, being relevant, is extracted hereinbelow:
"11. Therefore, once the final order goes, all the orders from the date of charge-sheet
up to the date of the passing of the final order become a nullity and redundant."
In view of the above position and the present proceeding having been so
initiated only on 25.02.2022, i.e. after around 3 years of the direction passed by
this Court, vide judgment & order, dated 24.01.2019, in WP(c)573/2022, without
any modification of the direction passed by this Court; it is to be seen as to
whether such proceeding can be maintainable.
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Posed thus; Mr. Parashar, learned CGC, is granted 2 weeks time to complete
his instructions in the matter.
List it again on 21st of August, 2024.
Interim order passed earlier, shall continue till the next date of listing.
JUDGE
Comparing Assistant
