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2025 DAILYLAW 7633 (GAU)

JAY RAM YADAV v. THE UNION OF INDIA AND 4 ORS.

WP(C)/1207/2025 · 2025-03-04

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010031582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1207/2025 JAY RAM YADAV S/O LATE RAMESHWAR PRASAD YADAV, A PERMANENT RESIDENT OF BAIRO, DISTRICT- SUPAUL, BIHAR-852123 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 2:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE CISF HEADQUARTER BLOCK 13 CGO COMPLEX LODHI ROAD NEW DELHI-110003 3:THE ADDITIONAL DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE CISF HEADQUARTER BLOCK 13 CGO COMPLEX LODHI ROAD NEW DELHI-110003 4:THE DEPUTY INSPECTOR GENERAL CISF GROUP HEADQUARTERS HOCKEY STADIUM ROAD GUWAHATI-781029 ASSAM Page No.# 2/3 5:THE GROUP COMMANDANT CISF GROUP HEADQUARTERS HOCKEY STADIUM ROAD GUWAHATI-781029 ASSA Advocate for the Petitioner : MR. D K BAIDYA, MR. M SARMA Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 05/03/2025 Heard Mr. M. Sarma, learned counsel for the writ petitioner. Perused the averments made in the writ petition. By filing this writ petition, the petitioner has assailed the order dated 12/09/2024 issued by the Group Commandant, CISF HQ, Guwahati, compulsorily retiring the petitioner from service by invoking the jurisdiction under the provisions of FR-56(J) read with Rule 42 of the Central Civil Service (Pension) Rules, 2021. According to the petitioner’s counsel, the impugned order is vitiated by non-application of mind. Ms. R. Devi, learned CGC, appearing for the respondents, on the other hand, submits that on 08/10/2024, the petitioner had submitted a representation ventilating his grievance in the matter, which is under active consideration of the departmental authorities. Therefore, if 8 (eight) weeks’ time is granted by this Court, the representation will be disposed of by a speaking order. Ms. Devi further submits that the writ petition is pre-mature. Taking note of the submissions made at the Bar and in view of the assurance given by the learned CGC that the representation submitted by the writ petitioner will be considered on merit and disposed of within eight weeks from today, this writ petition stands closed by providing that the representation dated 08/10/2024 submitted by the writ petitioner be considered and disposed of by a speaking order within 8 (eight) weeks from today. Page No.# 3/3 If the petitioner continues to remain aggrieved in the matter even thereafter, it would be open for him to approach this Court once again by filing appropriate petition. The writ petition stands disposed of accordingly. A copy of this order be furnished to Ms. R. Devi, learned CGC, appearing for the respondents. JUDGE Comparing Assistant