Page No.# 1/4 GAHC010240672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6158/2025 SHRI ANIL KUMAR AKARNIA LATE SHRI SOHAN LAL, PRESENTLY SERVING AS COMMANDANT PERS AND ADMN POSTED AT HEADQUARTERS, EASTERN COMMAND ITBP, GUWAHATI AND PRESENTLY TEMPORARILY ATTACHED WITH SECTOR HEADQUARTER, ITBP DIBRUGARH, ASSAM, FOR DISCIPLINARY PROCEEDING VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY,MINISTRY OF HOME AFFAIRS,GOVERNMENT OF INDIA, NEW DELHI-110003. 2:THE DIRECTOR GENERAL DIRECTORATE GENERAL INDOTIBETAN BORDER POLICE FORCE GO COMPLEX LODHI ROAD NEWDELHI-110003. 3:THE INSPECTOR GENERAL CENTRAL FRONTIER INDOTIBETAN BORDER POLICE FORCE KANHASAIYA PO. - KOKTA BHOPAL MADHYA PRADESH462028 4:THE DEPUTY INSPECTOR GENERAL (PERS) Page No.# 2/4 DIRECTORATEGENERAL INDO TIBETAN BORDERPOLICE FORCE CGO COMPLEX LODHI ROAD NEW DELHI-110003. 5:THE DEPUTY INSPECTOR GENERAL (PERS AND ADMN) HQEASTERN COMMAND ITBPF RTTC BSNL BUILDING DHARAPUR POKAMRUP GAUHATI ASSAM PIN -78101 Advocate for the Petitioner : MS T WAPANGLA, MR. D GOGOI,MR. R DEKA Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 31.10.2025 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for the respondents. The petitioner before this Court is presently serving as Commandant of the ITBP presently attached to SHQ Dibrugarh. The petitioner is aggrieved by order passed by the Court of Inquiry, whereby certain amounts were sought to be recovered from him. Being aggrieved he approached this Court by filing WP(C) No. 5016 of 2025. This Court, while passing the order dated 29.08.2025 had stayed the order of recovery. The further direction of the Court is to comply with the mandate of Page No.# 3/4 Rule 177 of the ITBP Rules, 1994. The learned counsel for the petitioner submits that as per Rule 177 of the ITBP Rules, 1994, the Force Court will ensure service of copies of the proceedings of the Court of Inquiries on a person who being tried, unless the Director General orders otherwise. The learned counsel for the petitioner submits that from the instructions received, to the best of the knowledge of the writ petitioner, there is no specific direction by the Director General not to serve copies of the proceedings on the writ petitioner. That apart, there is already an order passed in the WP(C) No. 5016 of 2025, whereby the mandate of Rule 177 was directed to be complied with. It is submitted that although some copies were served, several pages were either illegible or blank pages submitted to him and now, by the impugned order dated 23.10.2025, the petitioner is sought to be transferred and attached to SHQ, Dehradun. Being aggrieved he has filed the present writ petition. It is submitted that he has also preferred a representation dated 07.10.2025, whereby the pages, which according to the writ petitioner were found blank or not illegible have already been submitted to the Deputy Inspector General, SHQ, Dibrugarh, ITBP Dibrugarh and the same has remained pending. It is the submission of the learned counsel for the petitioner that till these documents are furnished to him in terms of the mandate of Rule 177 of the ITBP Rules, 1994 as well as in terms of the directions issued by this Court by the earlier order dated 29.08.2025 passed in WP(C) No.5016/2025, the petitioner should not be allowed to be transferred out in terms of the impugned order dated 23.10.2025. Page No.# 4/4 Ms. B. Sarma, learned CGC on the other hand submits that this transfer order is not specifically against the writ petitioner alone. The order itself reveals that there are as many as 15 personnel who are being transferred out. Insofar as the pages found to be blank or illegible are concerned, she submits that the authorities are already looking into the matter and within the shortest possible time the same can be furnished to the writ petitioner. Considering the submissions made and upon perusal of the writ petition, this Court is of the considered view that since the prayer of the writ petitioner is limited to a direction for furnishing of the page numbers reflected in the representation dated 07.10.2025 stated to have been furnished to the Deputy Inspector General, SHQ, Dibrugarh, ITBP Dibrugarh, without issuing notice at this stage, the writ petition can be disposed of, directing the respondent authority to furnish the legible copies of the proceedings mentioned in the representation dated 07.10.2025 as expeditiously as possible to the writ petitioner. Let this exercise be carried out within a period of two weeks from today. Till the copies are furnished or till 14th of November, 2025, whichever is earlier the impugned order dated 23.10.2025, in so far as only the writ petitioner is concerned, shall not be given effect to. In terms of the above this writ petition is disposed of. JUDGE Comparing Assistant