Page No.# 1/2 GAHC010002922026 2026:GAU-AS:1458 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/505/2026 G/5017081W RIFLEMAN/GD SAKA S/O- SRI R. L. MAWIA, PRESENTLY SERVING AT 42ND ASSAM RIFLES, C/O- 99 APO, PIN- 932042. VERSUS THE UNION OF INDIA AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2:THE DIRECTOR GENERAL OF ASSAM RIFLES HEAD QUARTER MAHANIDESHALAYA ASSAM RIFLES SHILLONG MEGHALAYA-11. 3:THE COMMANDANT 42ND ASSAM RIFLES C/O- 99 APO PIN- 932042 For the Petitioner(s) : Mr. B. Pathak, Advocate For the Respondent(s) : Mr. M. R. Adhikari, CGC BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 04.02.2026 Heard Mr. B. Pathak, the learned counsel appearing on behalf of the Petitioner and Mr. M. R. Adhikari, the learned CGC appearing on behalf of Page No.# 2/2 the Respondents. 2. This Court during the course of the hearing enquired with Mr. B. Pathak, the learned counsel appearing on behalf of the Petitioner as to whether any action has been taken in terms with Rule 26(5) of the Assam Rifles Rules, 2010 relating to retirement or discharge of the Petitioner pursuant to the appeal which has been filed. 3. The learned counsel for the Petitioner submitted that pursuant to the appeal being filed, the Petitioner has been initially sent to the Jorhat Medical College and Hospital, Jorhat as well as to the Assam Medical College and Hospital, Dibrugarh and both the Medical Colleges have given an opinion in favour of the Petitioner. 4. Taking into account the above, it is the opinion of this Court that as the appeal has not yet been disposed of and no decision has yet been taken in terms with Rule 26(5) of the Assam Rifles Rules, 2010, the Petitioner does not have a cause of action for the present. 5. Accordingly, this Court closes the instant writ petition. However liberty is granted to the Petitioner to again approach this Court in the circumstance there is any action taken against the Petitioner on the basis of Rule 26 of the Assam Rifles Rules, 2010. JUDGE Comparing Assistant