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2025 DAILYLAW 14804 (GAU)

RAFIK ALI v. THE UNION OF INDIA AND 4 ORS.

WP(C)/4204/2025 · 2025-07-29

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010136372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4204/2025 RAFIK ALI S/O KASHEM ALI, R/O VILL- BALAJANI CHECHAPANI, P.O.- SIDALSATI, P.S.- ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783384 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110001 2:THE DIRECTOR GENERAL BORDER SECURITY FORCE (BSF) BSF HEADQUARTERS NEW DELHI- 110003 3:THE INSPECTOR GENERAL FRONTIER HQ BSF JAMMU P.O- PALOURA CAMP JAMMU (J AND K) PIN- 181124. 4:THE COMMANDANT (RECTT.) I.G. BSF GUWAHATI FRONTIER PATGAON AZARA KAMRUP GUWAHATI ASSAM PIN- 781017 5:THE COMMANDANT Page No.# 2/3 65 BN BSF PAINTHEE DISTRICT- SAMBA UNION TERRITORY OF JAMMU AND KASHMIR PIN- 184121 Advocate for the Petitioner : G UDDIN, MR. I HUSSAIN,MR A K AZAD,P ADHIKARI Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.07.2025 Heard Mr. G Uddin, learned counsel for the petitioner. Also heard Mr. R.K.D Choudhury, learned DSGI for the respondents. 2. This writ petition has been filed by the petitioner praying for setting aside the order of dismissal of the writ petitioner vide order dated 08.02.2025 issued by the respondent No. 4. 3. The petitioner applied for the post of Constable (Tradesman) and was appointed as a BSF (Constable)(Cook) vide appointment order dated 09.04.2024. This appointment order was made provisional and subject to verification of documents. The petitioner was posted in 65 Battalion, BSF, Painthee, Samba in the Union Territory of Jammu and Kashmir as it then was. The petitioner was thereafter discharged by the impugned order upon internal verification being made by the respondent authority. The verification returned a finding that the certificate in support of his skill as Tradesman (Cook) which was submitted by the petitioner was declared to be false by the institution from which purportedly the petitioner obtained Page No.# 3/3 the said certificate. A show-cause notice dated 02.11.2024 which was issued to the petitioner which is Annexure-4 of the writ petition. In his reply, the petitioner stated that his certificate has been declared to be false. Subsequently, the petitioner submitted a certificate which according to the petitioner is genuine and therefore the petitioner has approached this Court for setting aside the dismissal order and for acceptance of the subsequent certificate which the petitioner claims is to be genuine. 4. After submitting at some length, the learned counsel for the petitioner submits that he would like to withdraw the writ petition. 5. In view of the submissions made and the pleadings available, this Court considered imposition of cost for wastage of precious judicial time. However in view of the submission that the petitioner wishes to withdraw the writ petition, this Court declined to pass such order. 6. Accordingly, the writ petition is dismissed on withdrawal. JUDGE Comparing Assistant