Page No.# 1/3 GAHC010031252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/793/2025 G-5013265X RIFLEMAN GD OPANG MEREN S/O- SRI CHUBAMONGBA, PRESENTLY SERVING AT 13TH ASSAM RIFLES, C/O- 99 APO, PIN- 932013 VERSUS THE UNION OF INDIA REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001. 2:THE DIRECTOR GENERAL OF ASSAM RIFLES HEADQUARTER MAHANIDESHALAYA ASSAM RIFLES SHILLONG MEGHALAYA-11. 3:THE COMMANDANT 13TH ASSAM RIFLES C/O. 99 PO PIN-932013 Advocate for the Petitioner : MR V KUMAR, MR. T NATH,MS M TIWARI,MR B PATHAK Advocate for the Respondent : DY.S.G.I., MRS. R DEVI (C.G.C.) BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 03-03-2025 Page No.# 2/3 Heard Mr. V. Kumar, learned counsel for the writ petitioner. Also heard Ms. R. Devi, learned CGC appearing for the respondents. The writ petitioner herein is aggrieved by the decision of the respondent authorities to invalidate him out of service on medical ground. The plea raised in the writ petition is pertaining to the fact that the authorities have failed to comply with the procedure laid down under Rule 26 of the Assam Rifles Rules, 2010 and therefore, submits Mr. Kumar, the invalidation of the petitioner out of service on medical ground is vitiated by complete non-compliance of the procedural formalities. On instruction obtained in terms of the order dated 24-02-2025 passed by this Court, by Ms. R. Devi, learned CGC submits that although she has received instruction, yet, since the petitioner has failed to prefer a statutory appeal, hence, this writ petition is not maintainable on the ground of availability of alternative remedy. As such, the same be dismissed. Responding to the above, Mr. Kumar submits that his client has neither been furnished with the necessary medical documents nor has he been granted leave which is required to take steps for preferring an appeal, as a result of which, the petitioner could not avail the statutory appeal. While denying and disputing the allegation made by the petitioner’s counsel, Ms. Devi, learned CGC submits that as per instruction received by her all medical documents have been handed over to the petitioner by the authorities. She, however, submits that if leave is required by the petitioner to prefer the appeal, the authorities will facilitate the Page No.# 3/3 same. After hearing the submission of learned counsel for both the sides and after considering the fact that there is no dispute at the bar that appellate remedy is available to the petitioner and also by taking note of the submission of Ms. Devi, learned CGC that if an appeal is preferred by the petitioner even at this stage, the same would be considered by the departmental authorities and dispose of the same on merit, this writ petition stands disposed of at the motion hearing stage by granting 07 days time to the petitioner to prefer an appeal. Facilitating the above, respondent shall not only furnish the required documents, if any, specifically sought by the petitioner but would also grant him the necessary leave, required strictly for the purpose of preferring the appeal. If such an appeal is preferred within a period of 07 days from today, the same be considered on merit and dispose of by a reasoned order on or before 31-03-2025. With the above observation, this writ petition stands disposed of. JUDGE GS Comparing Assistant