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Patna High Court
S.M. Shamsh Jamal vs The Union Of India on 10 March, 2026
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3171 of 2026
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S.M. Shamsh Jamal Son of Late S.M. Raziuddin Haider, Resident of Mohalla
Jamalmanzil Sherpur, PS BiharSharif, District Nalanda.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Home Affairs, Govt.
of India, New Delhi.
2. Director General of C.R.P.F., Headquarter C.R.P.F., C.G.O. Complex, New
Delhi.
3. Special Director General Central Zone, C.R.P.F., Salt Lake, Sector 3, H.C.
Block, Kolkata.
4. I.G., C.R.P.F., Madhya Pradesh, Sector Bhopal.
5. D.I.G., C.R.P.F., Range Head Quarter, Bhopal.
6. Commandant 131 Bn C.R.P.F., Suman Gora Konta, District Sukma,
Chattishgarh.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ebrahim Kabir, Advocate
Mrs. Shruti Sinha, Advocate
For the Respondent/s : Dr. Krishna Nandan Singh, ASGI
Mr. Rajan Sahay, Sr. C.G.C.
Mr. Manoj Kumar Singh, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 10-03-2026
Heard learned Counsel for the petitioner and
learned Counsel for the Union of India.
2. The present writ petition has been filed by the
petitioner for issuance of an appropriate writ order or direction
for quashing office order no- P-8-3/2020-est-2/131 Bn dated 08-
07-2021 issued by Commandant 131 Bn C.R.P.F. Sonamgora
Konta District Sukma Chattishgarh whereby petitioner has been
Patna High Court CWJC No.3171 of 2026 dt.10-03-2026
2/4
given punishment of compulsory retirement i.e. Annexure-P/11
and also quashing office order no- R-13-131/2021-est-3 dated
08-12-2021
issued by D.I.G. C.R.P.F. Range Headquarter
Bhopal (M.P.) whereby appeal of petitioner has been rejected
i.e. annexure-P/12 and also for quashing order no- R-13-2/2022-
EST-1 dated 31-05-2022 issued by I.G. Madhya Pradesh Sector,
Bhopal, whereby revision of petitioner has been rejected, i.e.
Annexure-P/13 and also for quashing order no- R-13-29/2022
DA-2 (vig), dated 17-01-2023, issued by Special Director
General C.R.P.F. Central Zone Salt Lake Sector-3 H.C. Block
Kolkatta whereby appeal/representation of petitioner has been
rejected and for quashing letter no- R-13-109/2020 (Vigi)(law)
dated 16-03-2023 issued from office of D.G. of C.R.P.F., New
Delhi whereby the representation of petitioner has not been
considered and declared to be not maintainable i.e. Annexure-
P/15 and also for quashing any order passed on representation of
petitioner sent to Home Ministry ,Govt. of India if adverse
against the petitioner which representation is still pending i.e.
Annexure-P/16 and for a direction to the respondents to
reinstate the petitioner in service with all consequential
monetary benefits or for any other order or orders which this
Hon'ble Court may deem fit and proper under the circumstances
Patna High Court CWJC No.3171 of 2026 dt.10-03-2026
of this case.
3. Learned Counsel for the petitioner submits
that he has filed his representation before the Ministry of Home,
Government of India, New Delhi, but in spite of submitting
several reminders no decision has been taken at the level of
Ministry of Home, Government of India, which is Annexure-P-
16. Counsel for the petitioner submits that he shall be satisfied
if a direction shall be made by this Court to respondent No.1 to
take a decision on the representation filed by the petitioner
(Annexure-P-16).
4. Learned Counsel for the Union of India
submits that normally representation could not be kept pending,
but this writ petition may be disposed off directing the Union of
India to take decision on the representation of the petitioner
(Annexure-P-16) within stipulated period of time if no final
decision has been taken on the said representation.
5. In the light of the submissions made, this writ
petition is disposed off directing the Secretary, Ministry of
Home Affairs, Government of India, New Delhi, to take
decision on the representation of the petitioner (Annexure-P-16)
within 90 days from the date of receipt/production of a copy of
this order.
Patna High Court CWJC No.3171 of 2026 dt.10-03-2026
6. It is made clear that this Court has not
expressed any opinion on the merit or demerit of the case. The
authority concerned shall take decision on the said
representation in accordance with law.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.03.2026
Transmission Date
