Director General v. Union of India and 5 Ors

ORDER Date : 25-06-2024 Heard Mr. A.K. Dutta, learned counsel for the applicant.

¶2By filing this IA, the applicant i.e. the Director General, Directorate General Assam Rifles, Shillong is praying for withdrawal of the affidavit-in-opposition filed in the connected writ petition on behalf of the respondent nos.1 to 6. The applicant is also seeking liberty to file an affidavit-in-opposition on behalf of the respondent no.3.

¶3The opposite party, who is the writ petitioner, has filed an objection to this IA. Page No.# 3/4

¶4The learned counsel for the applicant has submitted that there is some inadvertent error in the affidavit-in-opposition filed on behalf of the respondent nos.1 to 6 for which the said affidavit is sought to be withdrawn with liberty to file an affidavit-in-opposition on behalf of respondent no.3.

¶5As pointed out by the learned counsel for the opposite party, there appears to be incorrect statement in the affidavit filed by Lt. Col. Amit Sah who has claimed that he has presently serving is Assistant Military Secretary and posted at HQ DGAR, Shillong and in para-1 of the affidavit, it is projected that he is the respondent no.3.

¶6Lt. Col. Amit Sah has stated in the affidavit filed in support of withdrawing of this IA that he is serving as Assistant Military Secretary. Therefore he cannot be respondent no.3 as the respondent no.3 is the Director General, Directorate General, Assam Rifles, Shillong.

¶7It is further observed that in the affidavit-in-opposition filed in the connected WP(C) 3400/2022 by one Lt. Col. Sachin Vasdev, it is stated that he was arrayed as respondent in the connected writ petition and was serving as Col. Military Secretary at HQ DGAR, Shillong. Neither Lt. Col. Sachin Vasdev nor Col. Military Secretary is a respondent in the connected WP(C) 3400/2022.

¶8Apparently, the person who had filed affidavit-in-opposition on behalf of respondent nos.1 to 6 in the connected writ petition on 29.05.2023 was the rank of Lieutenant Colonel. Therefore, the present application is filed by a person who is not of same rank and appears to be holding a post which is below the rank of Lieutenant Colonel. There is nothing on record to show that the authority which has filed the affidavit-in-opposition had empowered the deponent in this interlocutory application to withdraw the said affidavit-in-Page No.# 4/4 opposition.

¶9In view of the above, the objection made by the opposite party in this IA is accepted and the IA stands dismissed. The dismissal of the IA shall not be a bar for the competent authority to make an appropriate application.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010074342024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1098/2024o DIRECTORoGENERALo DIRECTORATEoGENERAL,oCENTRALoRESERVEoPOLICEoFORCE,oBLOCKoNO. 1,oC.G.O.oCOMPLEX,oLODHIoROAD,oNEWoDELHI-110003. VERSUSo UNIONoOFoINDIAoANDo5oORS.o THROUGHoITSoHOMEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oNORTHoBLOCK,oNEWoDELHI-110001. 2:THEoHOMEoSECRETARY oMINISTRYoOFoHOMEoAFFAIRS oGOVERNMENToOFoINDIA oNORTHoBLOCK oNEWoDELHI-110001. 3:DIRECTORoGENERAL oDIRECTORATEoGENERAL oCENTRALoRESERVEoPOLICEoFORCE oBLOCKoNO.o1 oC.G.O.oCOMPLEX oLODHIoROAD oNEWoDELHI-110003. 4:ADDL.oDIRECTORoGENERALo(MED.) o(CAPFS oNSGoANDoAR) oWESToBLOCK-1 oWING-3 oLEVEL-2 Page No.# 2/4 R.K. PURAM NEW DELHI-110066. 5:IG (MED)/MS COMPOSITE HOSPITAL CENTRAL RESERVE POLICE FORCE GUWAHATI ASSAM PIN- 781023. 6:DR. SHAILENDRA KUMAR COMDT S/O- LATE JAGESHWAR PRASAD SHAH CH CRPF AMERIGOG GUWAHATI ASSAM PIN- 781022 Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : MR. R MAZUMDAR BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA