Page No.# 1/4 GAHC010241152023 2025:GAU-AS:6846 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6395/2023 EX NO. G/5001580F RIFLEMAN/GD GENERAL DUTY RAM KISHORE @ RAM KISHORE CHODURHY S/O- SH. BHAGI RATH, VILL.- MADLAYA, P.O.- PIPAR CITY, DIST.- JODHPUR, RAJASTHAN, DISMISSED FROM SERVICE FROM HEAD QUARTER 25TH SECTOR ASSAM RIFLES, JORHAT, ASSAM. VERSUS THE UNION OF INDIA AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001. 2:THE DIRECTOR GENERAL OF ASSAM RIFLES SHILLONG MEGHALAYA-11. 3:THE COMMANDAR 25 SECTOR ASSAM RIFLES C/O- 99 APO PIN- 932425. 4:THE COMMANDANT TACH HEAD QUARTER 25TH SECTOR ASSAM RIFLES JORHAT ASSAM Advocate for the Petitioner : MR V KUMAR, MR. T NATH,MS M TIWARI,MR B PATHAK Advocate for the Respondent : DY.S.G.I., MR. S S ROY Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 28.05.2025. Heard Mr. V. Kumar, learned counsel for the petitioner. Also heard Mr. S.S. Roy, Deputy SGI for all the respondents. By filing this writ petition, the petitioner has put to challenge the impugned dismissal order dated 04.06.2020, passed by the Brigadier, Deputy Inspector General, Assam Rifles, whereby, in exercise of power under the Assam Rifles Act, 2006, read with Assam Rifles Rules, 2010, has dismissed the petitioner from service, after the Court of Inquiry. The case of the petitioner, in brief is that, the petitioner joined in the Assam Rifles as a Rifleman (General Duty) on 03.04.2004, after completion of his military basic and trade training at Assam Rifles Training Center, Dimapur, Nagaland and was posted in 33rd Assam Rifles C/O 99 APO and thereafter, posted at various places in the North Eastern Region. While the petitioner was serving as such, a show cause notice was issued on 01.02.2020, whereby it was informed that during the Staff Court of Inquiry, convened at No.3 Maintenance Group, Assam Rifles, Jorhat, it was found that the petitioner was involved in impersonation, violation of Official Secret Act and also attempted to misuse his official capacity, and accordingly directed to submits his reply, to which the petitioner submitted his reply. However, the Page No.# 3/4 authorities had proceeded with the inquiry and after completion of the inquiry, the Brigadier, Deputy Inspector General, Assam Rifles passed the impugned dismissal order dated 04.06.2020, dismissing the petitioner from the service. Mr. V. Kumar, learned counsel for the petitioner submits that although the petitioner has raised many grounds challenging the impugned dismissal order dated 04.06.2020, the statutory appeal filed by the petitioner on 10.05.2022, before the Appellate Authority by the petitioner has not been disposed of as on date. Therefore, he prays for a direction to dispose of the said appeal dated 10.05.2022. Mr. S.S. Roy, Deputy SGI for all the respondents fairly submits that the authorities are obligated to consider and disposed of the appeal filed by the petitioner, as the same is a statutory appeal under the Assam Rifles Act, 2006. Having considered the submissions of learned counsel for the parties and as agreed to by the learned counsel for the parties as well as considering the provision of Section 139 of the Assam Rifles Act, 2006, I am of the considered view that the respondent authorities are deserved to be directed to consider and disposed of the appeal of the petitioner, filed on 10.05.2022. Accordingly, this writ petition is disposed of with a direction to the respondent authorities to disposed of the appeal of the petitioner dated 10.05.2022, within a period of four (4) weeks, from the date of receipt of the certified copy of this order. It is needless to mention that if the petitioner is aggrieved by the outcome of the appeal, that would be passed by the respondent authorities, he is at the Page No.# 4/4 liberty to avail the remedy, as may be permissible under the law. Writ petition stands disposed of accordingly. JUDGE Comparing Assistant