Page No.# 1/6 GAHC010249772025 2025:GAU-AS:15606 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3636/2025 SRI AMIT KUMAR UIN NO. 13061551 S/O- LATE NAND KUMAR RESIDENT OF VILLAGE - BALUA, P.O.- DUMRA, P.S.- MAHINDWARA, DISTRICT- SITAMARHI, BIHAR, PIN-843316 VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, DEPARTMENT OF HOME, GOVERNMENT OF INDIA, NEW DELHI- 110001. 2:THE DIRECTOR GENERAL SASHASTRA SEEMA BAL EAST BLOCK-V R.K. PURAM NEW DELHI- 110066. 3:THE INSPECTOR GENERAL FRONTIER HEADQUARTERS (HQRS) SSB VILL.-BORKHAT SONAPUR PO PSSONAPUR PIN- 782402 DISTRICTKAMRUP METRO ASSAM. 4:THE DY INSPECTOR GENERAL SASHASTRA SEEMA BAL SECTOR HEAD QUARTERS BONGAIGAON Page No.# 2/6 ASSAM PIN-783380. 5:THE COMMANDANT 15TH BATTALION SSB KAJALGAON DISTRICT - CHIRANG ASSAM PIN - 783386. 6:THE SECOND IN COMMAND (ADMN SECTOR HEAD QUARTER SHQ SSB BONGAIGAON ASSAM PIN - 783380 Advocate for the Petitioner : MR. L N DIHINGIA, Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 18.11.2025 Heard Mr. L. N. Dihingia, learned counsel for the applicant. Also heard Mr. U. K. Goswami, learned Central Government Counsel for the respondents. 2. By filing this interlocutory application, the applicant prays for a direction to the respondent authorities to issue the required No Objection Certificate (NOC)/Discharge Certificate so as to enable him to join as Sub-Inspector (General Duty) in CRPF on or before 22.11.2025, subject to the outcome of the connected writ petition, being WP(C) No. 3223/2025. 3. The applicant has challenged the order of dismissal from service dated 08.03.2025, passed by the Commandant, 15 BN, SSB, Kajalgaon, Assam, as well Page No.# 3/6 as the rejection order of the appellant authority dated 23.05.2025, in the aforesaid connected writ petition. 4. The applicant was appointed in the SSB on 05.05.2022 and joined at 15th Battalion, SSB, Kajalgaon in the District of Chirang, Assam after undergoing the due process of recruitment. Subsequently, a Court of enquiry was constituted against the applicant and consequent thereupon, an order of dismissal dated 08.03.2025 from service was passed and thereafter rejected the appeal by the Appellate Authority vide order dated 23.05.2025, which has been put to challenge in the aforesaid writ petition, which is presently pending adjudication before this Court. The primary charge against the applicant appears to be unauthorized absence from duty. 5. Pursuant to an advertisement dated 04.03.2024, issued by the Under Secretary, Staff Selection Commission (Hqrs), Department of Personnel and Training, Ministry of Personnel, Public Grievances & Pensions, Government of India, for recruitment to the post of Sub-Inspector in Delhi Police and Central Armed Police Forces (CAPFs), the applicant participated in the selection process on the strength of an NOC issued by the competent authority. 6. After successfully cleared the recruitment process, the applicant has been issued an offer of appointment dated 24.10.2025 by the Deputy Inspector General of Police, GC, CRPF Muzaffarpur. The appointment order inter alia contains that the appointee has to obtain NOC/Discharge Certificate from previous employer, if any. It also provides that the appointee should report for joining duty to the Deputy Inspector General of Police, Group Centre, CRPF, Muzaffarpur, Bihar on or before 22.11.2025. In the above circumstances, the present application has been filed for a direction to the respondent authorities Page No.# 4/6 to issue NOC to the applicant so as to enable him to join as Sub-Inspector in the CRPF in terms of the offer of appointment dated 24.10.2025. 7. This Court on 14.11.2025, considering that the last date for joining in terms of the offer of appointment is on 22.11.2025 and the offer of appointment requires the applicant to submit NOC/Discharge Certificate from the previous employer, directed the learned Central Government Counsel to obtain instruction from the concerned authorities. 8. Today, Mr. U. K. Goswami, learned Central Government Counsel, by placing the detailed instruction, submits that the applicant was granted NOC to appear in the recruitment examination with conditions to the effect that the approval is granted that no departmental enquiry or vigilance enquiry is pending, the personnel is not serving any penalty period and is not under suspension. He submits that the applicant has already been dismissed from service vide order dated 08.03.2025 and at the relevant point of time, when the NOC was issued for appearing in the recruitment examination, the applicant was under suspension and departmental enquiry/court of enquiry was underway. Therefore, the granting of approval for appearing in the recruitment process was not valid as the approval was granted subject to above conditions. He submits that after the dismissal from service following due procedure of law, no NOC can be granted to the applicant, although the order of dismissal has been challenged before this Court and is pending without any interim order passed to that effect. 9. Mr. L. N. Dihingia, learned counsel for the applicant, submits that since the applicant has challenged the order of dismissal from service, which is subjudice before this Court, the respondent authorities may be directed to issue conditional NOC so as to enable the applicant to avail the job as the opportunity Page No.# 5/6 does not come repeatedly and may never come for the applicant again. The applicant, having been successful in the recruitment process for the post of Sub- Inspector in CRPF, on his own merit, and the offer of appointment having been issued for which the last date of joining is on 22.11.2025 and if the applicant is not allowed to join, subject to the outcome of the connected writ petition, the applicant would lose the opportunity for all times to come and such loss cannot be compensated. Therefore, he submits that this Court may direct the respondent authorities to issue NOC conditionally subject to outcome of the connected writ petition. 10. It is true that in the case of penalty of dismissal from service, one would not be entitled to any public employment. Having considered that the order of dismissal from service dated 08.03.2025 and its rejection of appeal by appellate authority dated 23.05.2025, having been put to challenge before this Court, which is pending for final adjudication and the respondent authorities are yet to file their response (although the learned CGC has submitted that he would be filling the affidavit-in-opposition within a day or two), I am of the considered view that the applicant deserves to be allowed to join his new job as Sub- Inspector in the CRPF as in the matters of public employment, as observed by the Hon’ble Supreme Court, the opportunity does not come repeatedly and may never come again for the applicant. The applicant has been issued an offer of appointment for the post of Sub-Inspector in the CRPF after being successful in the recruitment process, for which a conditional NOC was issued by the respondent authorities for appearing in the recruitment examination on his own merit and qualification. In the event, the applicant is not allowed to join, the applicant may lose the opportunity for all times to come and such loss would never be compensated. Thus, it would be appropriate at this stage to direct the Page No.# 6/6 respondent authorities to issue NOC, may be conditional, subject to the outcome of WP(C) No. 3223/2025. In the event, the writ petition is dismissed, the service of the applicant be terminated without notice. 11. Accordingly, the respondent authorities are directed to issue conditional No Objection Certificate (NOC) to the applicant, which shall be subject to the outcome of the WP(C) No. 3223/2025, within 2 (two) days from today so as to enable the applicant to join as Sub-Inspector in the CRPF on 22.11.2025. 12. Interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant