Devender Kumar vs The Union Of India And 2 Ors
2024 Latest Caselaw 5465 Gua

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.

Page No.# 3/4

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.

Page No.# 4/4

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