Page No.# 1/3 GAHC010101242026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2805/2026 SH. G. KUMAR S/O SH. P.G. GANGADHARAN, PRESENTLY RESIDING AT GO S MESS SUIT NO 104, CRPF CAMPUS, AMERIGOG, GUWAHATI, ASSAM, PIN- 781023. VERSUS UNION OF INDIA AND 2 ORS THROUGH SECRETARY (THROUGH COUNSEL), DEPARTMENT OF HOME AFFAIRS, NEW DELHI, PIN- 110092. 2:CENTRAL ARMED POLICE FORCE (CAPF) THROUGH DIRECTOR GENERAL POLICE O/O DIRECTOR GENERAL CRPF BLOCK NO 1 CRPF COMPLEX LODHI ROAD NEW DELHI 110003 3:UNION PUBLIC SERVICE COMMISSION UPSC BHAVAN SHAHJAHAN RD UPSC MAN SINGH ROAD AREA NEW DELHI DELHI- 110069 Advocate for the Petitioner : MS. T SOM, MR. U HAZARIKA,R K SHARMA,MS. A MAHANTA Advocate for the Respondent : DY.S.G.I., SC, UPSC Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 29.05 .2026 Heard Ms. T. Som, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC for the respondents Nos. 1 & 2; Dr. A. Todi, learned counsel for the respondent No.3. 2. This writ petition has been filed by the petitioner who is serving as the Commandant in the Central Reserve Police Force and posted at Guwahati. During his service period the departmental proceedings were initiated and the enquiry report was submitted. The proposed punishment to be imposed on the petitioner was communicated by the UPSC, as required by CCS Rules. The UPSC by its recommendation dated 26.02.2026 recommended imposition of major penalty of compulsory retirement. 3. The learned counsel for the petitioner submits that after submission of the enquiry report, the petitioner by communication dated 15.05.2026 submitted the reply/representation in respect to the advice of the UPSC for imposition of major penalty of compulsory retirement. The learned counsel for the petitioner submits that the respondent authorities have not yet considered the representation and there is an apprehension that without considering his representation the authorities will proceed to impose major penalty as per the recommendation of the UPSC. 4. Ms. R. Devi, learned CGC appearing for the respondents Nos.1 and 2 Page No.# 3/3 submits that the representation was submitted only on 15.05.2026 and as on date there is no instructions. 5. Dr. A. Todi, learned counsel appearing for respondent No.3 submits that the UPSC has already rendered its opinion and it is now for the departmental authorities to take necessary steps and pass appropriate orders thereof. 6. Considering the limited prayer made by the petitioner that the recommendation of the UPSC ought not to be considered against him without giving due consideration to his representation, this Court is of the view that the writ petition can be closed. Accordingly, this writ petition stands disposed of at this stage without expressing anything on merit, save and except the fact that the disciplinary authority namely the respondent No.2 will take into consideration the representation dated 15.05.2026 filed by the petitioner in respect of the proposed punishment to be imposed on the petitioner as also in respect of the opinion rendered by the UPSC for imposition of major punishment of compulsory retirement. 7. Let this exercise be completed as expeditiously as possible within 30 days from the date of receipt of certified copy of this order. 8. This writ petition is accordingly, disposed of. JUDGE Comparing Assistant