Page No.# 1/4 GAHC020000092025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/4/2025 JC-356629 W SUBEDAR (CIPHER) RAJIB KUMAR SARKAR S/O (L) RAMPADA SARKAR HQ IGAR (NORTH) SIGNALS COY INSPECTOR GENERAL ASSAM RIFLES (NORTH) C/O O-99 APO, PIN- 932554 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-1100012:MAHANIDESHALAYA ASSAM RIFLES (THE DIRECTOR GENERAL OF ASSAM RIFLES) HQ AGAR ASSAM RIFLES SHILLONG MEGHALAYA-793011 3:THE HQ (NORTH) ASSAM RIFLES C/O 99APO KOHIMA NAGALAND-932554 4:BRIGADIER V S GULERIA SM COMMANDER 21 SECTOR ASSAM RIFLES C/O 99 APO 5:COL AJIT KHATRI EX COMMANDANT 18 ASSAM RIFLES AGARTALA TRIPURA NOW POSTED AT H. NO. 302A FOUND FLOOR Page No.# 2/4 ARMY WAR COLLEGE MHOW INDORE MADHYA PRADESH-453441 6:MAJ. SHUVADEEP PAUL EX AJUTANT 18 ASSAM RIFLES AGARTALA TRIPURA NOW POSTED AT HQ BTY/336 FD REGT PIN- 926336 C/O 56 APO 7:CAPTAIN ANIKITA DHIMAN RMO (DOCTOR) EX 18 AR C/O 99 AP Advocate for the Petitioner : PAKINRICHAPBO, Advocate for the Respondent : CGSC, Linked Case : WP(C)/45/2024 JC-356629 W SUBEDAR (CIPHER) RAJIB KUMAR SARKAR S/O (L) RAMPADA SARKAR HQ IGAR (NORTH) SIGNALS COY INSPECTOR GENERAL ASSAM RIFLES (NORTH) C/O -99 APO PIN- 932554 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-110001 2:MAHANIDESHALAYA ASSAM RIFLES (THE DIRECTOR GENERAL OF ASSAM RIFLES) HQ AGAR ASSAM RIFLES SHILLONG Page No.# 3/4 MEGHALAYA-793011 3:THE HQ (NORTH) ASSAM RIFLES C/O 99APO KOHIMA NAGALAND-932554 4:BRIGADIER V S GULERIA SM COMMANDER 21 SECTOR ASSAM RIFLES C/O 99 APO 5:COL AJIT KHATRI EX COMMANDANT 18 ASSAM RIFLES AGARTALA TRIPURA NOW POSTED AT H. NO. 302A FOUND FLOOR ARMY WAR COLLEGE MHOW INDORE MADHYA PRADESH-453441 6:MAJ. SHUVADEEP PAUL EX AJUTANT 18 ASSAM RIFLES AGARTALA TRIPURA NOW POSTED AT HQ BTY/336 FD REGT PIN- 926336 C/O 56 APO 7:CAPTAIN ANIKITA DHIMAN RMO (DOCTOR) EX 18 AR C/O 99 APO ------------ Advocate for : BIJAY DEB Advocate for : CGSC appearing for THE UNION OF INDIA AND 6 ORS BEFORE HON'BLE MR. JUSTICE SUMAN SHYAM ORDER Date : 24/04/2025 Page No.# 4/4 Heard Mr. B. Deb, learned counsel appearing through Remote Video Conferencing , for the applicant in this case along with Mr. Pakinrichapbo, learned counsel. Also heard Mr. Z.N. Ngullie, learned CGC, appearing for the opposite parties. This IA has been filed by the applicant with a prayer to restrain the respondent no. 2 from holding the upcoming DPC and for staying the promotion of any incumbent, who is junior to the writ petitioner. However, today, when the matter is called up, Mr. Z. N. Ngullie, learned CGC has produced a copy of the written instruction dated 28/02/2025 to submit that the DPC for the year 2024 has already been convened and eligible persons have already been promoted and they have also assumed their rank. Therefore, the IA has become infructuous. Responding to the above, Mr. Deb has submitted that since the department had not filed affidavit in the IA and considering the fact that the matter was subjudice, it was improper on the part of the Department to proceed with the DPC and thereafter, issue the order(s) of promotion. The said submission of Mr. Deb may have some force in law but the said issue cannot be adjudicated in this IA since the prayer made therein has already become infructuous. As such, by granting liberty to the applicant to initiate appropriate legal proceeding in the matter, as may be permissible under the law, the IA stands closed, as infructuous. Copy of the written instruction dated 28/02/2025 is retained with the record of the IA. Sd/- JUDGE Comparing Assistant