Page No.# 1/4 GAHC010139622024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3571/2024 NO. G/3900365 EX HAV/GD (GENERAL DUTY) GOPAL GURUNG S/O- LATE KUMAR GURUNG, VILL- CHEPARE LINE, P.O. LOKRA, DIST.- SONITPUR, ASSAM, PIN 78410, DISCHARGED FROM SERVICE FROM 39TH ASSAM RIFLES C/O 99 APO, PIN 932039 VERSUS UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS NEW DELHI- 110001 2:THE DIRECTOR GENERAL OF ASSAM RIFLES SHILLONG MEGHALAYA-11 3:THE INSPECTOR GENERAL ASSAM RIFLES HEAD QUARTER INSPECTOR GENERAL ASSAM RIFLES (EAST) C/O 99 APO 4:THE COMMANDER 21 SECTOR ASSAM RIFLES C/O 99APO PIN- 932421 5:THE COMMANDANT 39TH ASSAM RIFLES C/O 99APO PIN- 93203 Advocate for the Petitioner : MR V KUMAR, MR. T NATH,MS M TIWARI,MR B PATHAK Advocate for the Respondent : DY.S.G.I., MRS. A GAYAN Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.06 .2026 Heard Mr. V. Kumar, learned counsel for the petitioner. Also heard Ms. M. Barman, learned counsel appearing for Mrs. A. Gayan, learned CGC for the respondents. 2] This writ petition has been filed by the petitioner, who was compulsorily retired by order dated 09.09.2023 w.e.f. 2nd of May, 2023. This order was passed pursuant to the Summary Assam Rifles Court proceedings wherein the Court had directed the petitioner to be dismissed from service. In terms of the provisions under Section 133 & 150 of the Assam Rifles Act, 2006, read with Para 264(b) of the Assam Rifles Regulations 2016, the punishment of dismissal from service was commuted to compulsory retirement from service w.e.f. 2nd of May, 2023. The petitioner thereafter, filed representations before the authorities requesting for converting the punishment of compulsory retirement to voluntary retirement. 3] The respondents have contested the matter by filing their affidavit disputing the contentions raised by the petitioner. It is stated in their affidavit that proper proceedings contemplated under the Assam Rifles Act, 2006 read with the relevant Regulations were duly followed and that the initial punishment of dismissal from service imposed by the Summary Assam Rifles Court was converted to compulsory retirement in order to enable the petitioner to receive retirement benefits. After the order being passed, no appeal has been filed by the petitioner, however, representation has been filed, which stood rejected. Page No.# 3/4 4] Having heard the learned counsel for the parties and upon careful perusal of the pleadings, it is seen that pursuant to the proceedings initiated by the Summary Assam Rifles Court, imposition of punishment of dismissal from service was imposed. 5] The disciplinary authority thereafter, converted the punishment into compulsory retirement so as to enable the petitioner to receive his pension and other retirement benefits. 6] The learned counsel for the petitioner referring to Rule 48A of the CCS (Pension) Rules, 1972 submits that any government servant who has completed 20 years of qualifying service he may by giving notice of not less than 3(three) months in writing, may retire from service. 7] Upon perusal of the provisions reflects that this option would have been available to the petitioner prior to initiation of the proceedings under the Summary Assam Rifles Court and the imposition of punishment. Once the punishment is imposed by the procedure prescribed and that punishment stood modified or commuted to compulsory retirement by converting it so as to enable petitioner to receive his pensionary benefits. The prayer of the petitioner seeking permission to file an application under Rule 48A of the CCS (Pension) Rules, 1972 cannot be permitted. The scope of the petitioner for filing an application under Rule 48A is not available after the proceedings are initiated by the appointing authority under the Rules and Regulations of Assam Rifles. No appeal against the imposition of punishment has been filed by the petitioner. Therefore, the order of dismissal from service which converted to compulsory Page No.# 4/4 retirement has attained finality. Therefore, the claims made in the writ petition cannot be allowed. Being devoid of merit, the same accordingly, stands dismissed. Notwithstanding the order of dismissal from service which converted to compulsory retirement being passed, if any financial or monetary claims, dues or other admissible benefits of the writ petitioner remain payable by the respondent authority, the same shall be released without further delay after due verification, within a period of 60 days from the date of receipt of a certified copy of this order. 8] This writ petition stands closed in terms of the above. JUDGE Comparing Assistant