Cisf No. 170730022 Arup Kumar Medhi v. The Union of India and 4 Ors

ORDER Date : 09-04-2024 The present writ petition was filed impugning the Final Order dated

05.06.2020 passed by the Commandant, CISF, 6th RB, Deoli, District Tonk, Rajasthan, imposing the major penalty of removal from service against the petitioner and the impugned Order dated 18.10.2020 passed by the DIG, NZ-1, New Delhi, the appellate authority, rejecting the appeal of the petitioner and upholding the impugned removal order of the Disciplinary Authority. The learned counsel for the parties were heard on 12.03.2024 and the judgment and order was kept reserved. This Court had, however, observed that the petitioner has not taken recourse to revision against the Order of the appellate authority as provided under Rule 54 of the CISF Rules, 2001. The matter was, therefore, directed to be listed again on 09.04.2024. Mr. M.A. Islam, learned counsel appeared for the petitioner and Mr. U.K. Goswami, learned Assistant ASGI appeared for the Union respondents. After hearing the learned counsel for the parties and as consented by the learned counsel appearing for the parties, the writ petition is disposed of giving liberty to the petitioner to take recourse to the provisions of revision as provided for under Rule 54 of the CISF Rules, 2001 against the Order dated 08.10.2020 Page No.# 3/3 passed by the DIG, NZ-1, New Delhi (appellate authority) before the authority superior to the appellate authority. The petitioner shall approach the revisional authority contemplated under Rule 54 of the CISF Rules, 2001 within a period of 30 (thirty) days from the date of passing of this Order. Writ petition accordingly stands disposed. The Registry is directed to immediately transmit the records of WP(C)/950/2021 to the Principal Seat.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010024012021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/950/2021o CISFoNO.o170730022oARUPoKUMARoMEDHIo S/OoSIBoCHARANoMEDHIo R/OoTULUNGIAoPARToI,oPOoNORTHoSALMARA,oPSoABHAYAPURIoDISTo BONGAIGAON,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o NEWoDELHIo110001 2:THEoINSPECTORoGENERALoOFoCISF oNORTHoZONE oMAHIPALPUR oNEWoDELHIo110037 3:THEoDEPUTYoINSPECTORoGENERALoOFoCISF oNORTHoZONEo-oI oMAHIPALPUR oNEWoDELHIo110037 4:THEoCOMMANDANT oCISF o6THoRBo(DEOLI)oRAJASTHANo304804 5:THEoCOMMANDER oCISFo106oCOMPANYo(NRCoASSAM)oABHAYAPURI oBATTALIONoGATE oBONGAIGAON oASSAM Page No.# 2/3 78338 Advocate for the Petitioner : MR. M A ISLAM Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE K. SEMA