Page No.# 1/3 GAHC010155872022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/194/2023 THE UNION OF INDIA AND 2 ORS. TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2: THE DIRECTOR GENERAL ASSAM RIFLES LAITKOR SHILLONG MEGHALAYA. 3: THE COMMANDANT 13TH ASSAM RIFLES HEADQUARTERS COMPANY C/O- 99 APO PIN- 932013 VERSUS CHANDRA SHEKHAR E PRESENTLY RESIDING AT JAYANAGAR, KHANAPARA, GUWAHATI-781022 AND WITH PERMANENT ADDRESS AT VILLAGE- AND P.O. MAJHWARI, P.O. SIMARI, DIST. BUXAR, BIHAR. Advocate for the Petitioner : MR. B CHAKRAVARTY, Advocate for the Respondent : MR. R MAZUMDAR, MS M TIWARI,MR V KUMAR,MR B PATHAK Page No.# 2/3 Linked Case : Cont.Cas(C)/647/2022 CHANDRA SHEKHAR S/O- SRI VIJAY KUMAR VILL.- MAJHWAARI P.O. MAJHWARI DIST. BUXAR BIHAR PIN- 802133 PRESENTLY RESIDING AT JAYANAGAR KHANAPARA GUWAHATI-22. VERSUS AJAY KUMAR BHALLA AND 2 ORS. SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI-110011. 2:LIEUTENANT GENERAL PRADEEP CHANDRAN NAIR DIRECTOR GENERAL ASSAM RIFLES SHILLONG MEGHALAYA PIN- 793011. 3:TARUN RANA COMMANDANT 13TH ASSAM RIFLES C/O 99 APO PIN- 932013. ------------ For the appellants : Mr. B. Chakravarty, C.G.C. For the respondent : Mr. B. Pathak, Advocate Mr. B. Hazarika, Advocate (For the petitioner in Cont Case (C) 647/2022) Page No.# 3/3 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 05-08-2025 (Ashutosh Kumar, C.J.) Mr. B. Chakravarty, learned Central Government Counsel while canvassing the grounds of appeal has submitted that the learned Single Judge misconstrued that the respondent was subjected to force custody of 89 days for overstepping his leaves for 1782 days under Section 26(b) of the Assam Rifles Act, 2006. In fact, the respondent was only subjected to a reprimand. He has further submitted that there was some confusion with respect to another Constable/Sepoy for whom the order of force custody was passed. In that view of the matter, it would be more appropriate for the appellant/Union of India to approach the learned Single Judge under review, subject to the law of limitation. This appeal is thus disposed off with the afore-noted observation. The connected contempt petition shall also be taken up by the learned Single Judge in case the review fails. JUDGE CHIEF JUSTICE Comparing Assistant