Dharmendra Kumar Poonia vs The Union Of India And 3 Ors
2024 Latest Caselaw 5728 Gua

Gauhati High Court

Dharmendra Kumar Poonia vs The Union Of India And 3 Ors on 9 August, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                     Page No.# 1/3

GAHC010160412024




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

                                 Case No. : WP(C)/4033/2024

            DHARMENDRA KUMAR POONIA
            S/O- LATE SUBASH CHANDRA POONIA,
            PRESENTLY SERVING AS NO. G/5017179K RFN/GD AT 41ST ASSAM RIFLES,
            C/O 99 APO, PIN 932041.



            VERSUS

            THE UNION OF INDIA AND 3 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,
            MINISTRY OF HOME AFFAIRS,
            NEW DELHI- 110001.

            2:DIRECTOR GENERAL ASSAM RIFLES
             SHILLONG
             MEGHALAYA-11.

            3:THE DEPUTY INSPECTOR GENERAL
             HED QUARTER 5 SECTOR ASSAM RIFLES
             C/O 99 APO.

            4:THE COMMANDANT
             41ST ASSAM RIFLES
             C/O 99 APO
             PIN- 932041

Advocate for the Petitioner   : MS. S BORA, MR. P BORAH

Advocate for the Respondent : DY.S.G.I.,
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                                BEFORE
               HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                    ORDER

09-08-2024

Heard Ms. S. Bora, learned counsel for the petitioner, who is aggrieved by an order dated 05.08.2024 by which the petitioner, who was serving as Rifleman (GD) with the Assam Rifles has been discharged. It is submitted that such course of action is required to be proceeded not only by issuance of a show-cause notice and seeking the response but also by an enquiry. The learned counsel has also submitted that the antecedents of the petitioner in his service period is laudable and there are many feats in his name. Reliance has also been placed on an Advisory dated 15.07.2021 by the Ministry of Home Affairs on the issue of discharge of an individual as per which an enquiry is contemplated. Such advisory has been issued in terms of a judgment of the Hon'ble Supreme Court in the case of Veerendra Kumar Dubey Vs Chief of

Army Staff & Ors reported in (2016) 2 SCC 627.

Issue Notice, returnable by 4 (four) weeks.

Ms. B. Sarma, learned CGC accepts notice on behalf of all the respondents. Let extra copies of the writ petition be served upon her within the next 3 (three) working days.

Ms. Bora, learned counsel prays for an interim order.

It has been submitted that the impugned order would take effect from 11 th August, 2024. The impugned order prima facie reveals that no enquiry was done before issuing the same.

In view of the above, till the next date fixed, status quo with regard to the Page No.# 3/3

service of the petitioner be maintained.

List on 06.09.2024 on which date, this Court will re-consider the interim directions issued based on the instructions received.

JUDGE

Comparing Assistant