Page No.# 1/5 GAHC010022432026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/939/2026 BRAJESH KUMAR SIKWAR S/O BIRENDRA NARAYAN SINGH, PERMANENT ADDRESS HOUSE NO 537, SIGMA 4, SAHARA CIT YROAD, NO 15, JAMSHEDPUR, P.S. MANGO, DIST. EAST SINGHBHUM, PRESENT ADDRESS C/O SHRI RAVI KANT, RAILWA QTR, 12E MODEL COLON, PANDU, PIN 781012 VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THEBRSECRETARY, MINISTRY OF HORNE AFFAIRS,BRGOVERNMENT OF INDIA, NORTH BLOCK, NE DELHIBR- 110001. 2:DIRECTOR GENERAL SASHASTRA SEEMA BAL (SSB) EAST BLOCK V R.K. PURAM NEW DELHI 110066 3:INSPECTOR GENERAL FRONTIER HEADQUARTERS SASHASTRA SEEMA BAL GUWAHATI ASSAM 781001 4:DEPUTY INSPECTOR GENERAL (PERSONNEL) SASHASTRA SEEMA BAL EAST BLOCK V R.K. PURAM NEW DELHI 11006 Advocate for the Petitioner : MR. N N JHA, DIKSHITA DAS,MS M SAHOO,MR M U Page No.# 2/5 KHAN,MR. M BERIA Advocate for the Respondent : DY.S.G.I., MR. K GOGOI(C.G.C.) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.07.2026 Heard Mr. N. N. Jha, learned counsel, appearing for the petitioner. Also heard Mr. K. Gogoi, learned CGC, appearing for the respondents. 2. The present writ petition has been instituted by the petitioner assailing an order dated 16.12.2025, passed by the competent authority, imposing a penalty of dismissal from service upon the petitioner, in pursuance to his conviction by the Court of learned Sub-Divisional Judicial Magistrate, Bhagalpur (Bihar). 3. The petitioner on being convicted by the Trial Court vide Judgment & Order dated 26.08.2025, under Section 498A IPC, was sentenced to undergo 03 (three) years Rigorous Imprisonment along with payment of fine of Rs.3,000/- (Rupees Three Thousand). The petitioner being aggrieved by his conviction had assailed the same by way of filing a criminal appeal being Criminal Appeal No.35/2025, before the Court of learned Principal Sessions Judge, Bhagalpur. 4. The Appellate Court vide order dated 23.09.2025, had suspended the sentencing of the petitioner, till disposal of the said appeal. Accordingly, the competent authority of the Department on consideration of the said aspect of the matter and also Page No.# 3/5 noticing that it was only the sentencing that was suspended and the conviction continued to remain in effect, proceeded vide order dated 16.12.2025, to dismiss the petitioner from his service. During the pendency of the present writ petition, the petitioner has filed an additional affidavit and, therein, has brought on record an order dated 24.02.2026, passed by the Court of the learned Principal District & Sessions Judge, Bhagalpur, on an application instituted by the petitioner, suspending the conviction of the petitioner under Section 498 A IPC. 5. It is submitted by the petitioner that the order dated 24.02.2026, has not been furnished to the Respondent Authorities, inasmuch as, the said development took place during the pendency of the present writ petition. 6. The learned counsel for the petitioner has submitted that in pursuance to the order dated 24.02.2026, the conviction of the petitioner being stayed, the basis for passing of the order dated 16.12.2025, has been removed and accordingly, the petitioner is entitle to be re-instated in his services . 7. Mr. K. Gogoi, learned CGC, appearing for the respondents, has submitted that the Respondent Authorities, while passing the order dated 16.12.2025, had proceeded in the matter by considering the fact that the conviction of the petitioner under Section 498A IPC, by the learned Trial Court, was not suspended as on that date. He submits that the Respondent Authorities have not been apprised of the passing of the subsequent order dated 24.02.2026. Accordingly, he submits that the petitioner be granted liberty to approach the Respondent Authorities by way of filing an application Page No.# 4/5 seeking for review of the order dated 16.12.2025, basing on the subsequent order dated 24.02.2026, passed by the Court of learned Principal District & Sessions Judge, Bhagalpur. 8. I have heard the learned counsel for the parties and also perused the materials available on record. 9. On a perusal of the order dated 16.12.2025, this Court finds that the same was so passed, basing on the conviction of the petitioner by the Trial Court and the order dated 23.09.2025, passed by the Appellate Court in the criminal appeal instituted by the petitioner. The Appellate Court having only suspended the sentence awarded by the Trial Court to the petitioner, the conviction being in force, the dismissal of the petitioner from his service is found by this Court to have been so issued, in terms of the provisions of the Rules holding the field. However, a development, material to the claim made by the petitioner had occasioned when the Court of the learned Principal District & Sessions Judge, Bhagalpur, on an application filed by the petitioner, had proceeded vide order dated 24.02.2026, for the reasons assigned, therein, to suspend the conviction of the petitioner along with the suspension of his sentencing. 10. As contended by the petitioner, the said order dated 24.02.2021, has not been placed before the Respondent Authorities. Accordingly, the Respondent Authorities have not considered the issue in the light of the order dated 24.02.2026. 11. In view of the above position, while not interfering with the order dated Page No.# 5/5 16.12.2025, the petitioner is directed to approach the Director General of the Force, by way of an application praying for a review of the order dated 16.12.2025, basing on the suspension of the conviction of the petitioner effected vide order dated 24.02.2026, by the Court of the learned Principal District & Sessions Judge, Bhagalpur. 12. The Director General of the Force, on receipt of such representation along with a copy of the said order dated 24.02.2026, and a certified copy of the present order, shall give a due consideration to the same. The Director General of the Force, shall also consider the fact that with the passing of the order dated 24.02.2026, the conviction of the petitioner although not obliterated has been kept in abeyance. 13. Accordingly, a speaking order be passed by the Director General of the Force, within a period of 30 (thirty) days from the date of receipt of a representation along with a certified copy of the present order and the order dated 24.02.2026, passed by the Court of learned Principal District & Sessions Judge, Bhagalpur, from the petitioner. 14. The order dated 16.12.2025, shall stand superseded by further order (s), that would now be passed by the Director General of the Force, in pursuance to the directions passed, hereinabove. 15. With the above observations and directions, the present writ petitions stands disposed of. JUDGE Comparing Assistant