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2026 DAILYLAW 8997 (GAU)

GAUTAM MALLA v. THE UNION OF INDIA AND 3 ORS.

WP(C)/3225/2026 · 2026-06-23

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/6 GAHC010124962026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3224/2026 MENAKA RAY D/O DUDHESWAR RAY R/O- VILLAGE -CHAPATALI P/O-BANCHUKAMARI DIST. ALIPURDUWAR, WEST BENGAL PIN-736122 VERSUS THE UNION OF INDIA AND 3 ORS. TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAVAN RAISINA ROAD, NEW DELHI, PIN-110001 2:THE DIG (ESTABLISHMENT) RAILWAY BOARD RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001 3:THE DIRECTOR GENERAL OF RAILWAY PROTECTION FORCE RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001 4:THE PRINCIPAL CHIEF SECURITY COMMISSIONER NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-781011 ASSA Advocate for the Petitioner : MR I RAFIQUE, CHONBEN Z YANTHAN,N CHAKRABORTY,MS A AFREEN,MRS S A CHOUDHURY Page No.# 2/6 Advocate for the Respondent : DY.S.G.I., MR B KAUSHIK(C.G.C.)R-ALL Linked Case : WP(C)/3225/2026 GAUTAM MALLA S/O-PARESH MALLA R/O- VILLAGE P.O- KALI KRISHNA NAGAR P/S- JATRAPUR PIN-799132 2: MADAN MOHAN SHARMA S/O- NARAYAN CHANDRA SHARMA R/O-VILL.HARIJOY CHOWDHURY PARA MAJLISHPUR WEST TRIPURA MAJLISHPUR TRIPURA P/S- RANIRBAZAR P/O- MAJLISHPUR VERSUS THE UNION OF INDIA AND 3 ORS. TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF RAILWAYS RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001 2:THE DIG ESTABLISHMENT RAILWAY BOARD RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001 3:THE DIRECTOR GENERAL OF RAILWAY PROTECTION FORCE RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001 4:THE PRINCIPAL CHIEF SECURITY COMMISSIONER NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-781011 ASSAM ------------ Page No.# 3/6 Advocate for : MR I RAFIQUE Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS. Linked Case : WP(C)/3188/2026 SRI ARUP KUMAR SARKAR S/O LATE SUBHASH CH. SARKAR AGE ABOUT 51 YEARS R/O FLAT NO- 3/D 3RD FLOOR BLOCK -5 NEW BUILDING GOURI HOUSING MILAN NAGAR B.G. COLONY MALIGAON GUWAHATI. P.O. P.S MALIGAON JALUKBARI DIST KAMRUP M ASSAM PIN 781011 VERSUS THE UNION OF INDIA AND 3 ORS. TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF RAILWAYS RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001 2:THE DIG (ESTABLISHMENT) RAILWAY BOARD RAIL BHAVAN RAISINA ROAD NEW DELHI PIN110001 3:THE DIRECTOR GENERAL OF RAILWAY PROTECTION FORCE RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001 4:THE PRINCIPAL CHIEF SECURITY COMMISSIONER NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-781011 ASSAM ------------ Page No.# 4/6 Advocate for : MR I RAFIQUE Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.06. 2026 Heard Mr. I. Rafique learned counsel for the petitioner. Also heard Mr. R. K. D. Choudhury, learned D.S.G.I. & Senior Counsel assisted by Ms. L. Devi, learned counsel for the Union of India, Mr. B. Kaushik, learned CGC appears for the respondents. 2. The writ petitioners has approached this Court assailing the transfer order issued by the Railway authorities. By earlier order, the learned for the respondents were permitted to obtain instructions and the transfer order was directed to be not given effect to till today. 3. Today when the matter is called up, Mr. I. Rafique, learned counsel for the petitioners submits that he has instructions to submit before this Court that the writ petitioners will approach the appropriate authority by filling a detailed representations. It is further submitted that the petitioners will ventilate their grievances by way of representations and prays that the same be directed to be taken into account by the appropriate authority, namely Respondent No. 4, the Principal Chief Security Commissioner, Northeast Frontier Railway. It is further submitted that, upon such representations being filed, the said respondents be directed to consider and dispose of the representation by taking into account of Page No.# 5/6 the grievances made by the petitioners by passing a speaking order. 5. Prayer made by the learned counsel for the petitioners is not objected to by the learned DSGI. However, he submits that the representation be filed within a period of 3 days from today and thereafter within a further period of 1 week, the representations will be disposed of by the Respondent No. 4. 6. Considering the submissions made by the learned counsel for the parties, this writ petition stands disposed of with the following order. 7. The petitioners are permitted to file detailed representations before the Respondent No. 4, namely the Principal Chief Security Commissioner, Northeast Frontier Railway, ventilating their grievances within a period of 3 (three) days from today. Upon receipt of such representations, the representations will be disposed of by the authorities concerned within a period of 7 (seven) days from the date of receipt of the representations being filed by the petitioners by passing a speaking order. 8. Needless to say, any such order that may be passed by the respondent authorities, copies thereof shall be served upon the writ petitioner. 9. Till the representations stands disposed of as directed, the movement orders shall not be given effect to. It is also made clear that in the event, the petitioners fail to file the representations within the time frame as permitted, then the interim order passed by this Court shall stands vacated without any further reference to this Court. Page No.# 6/6 10. Accordingly, this writ petition stands disposed of directing the authorities concerned to consider the prayer of the petitioners as per the relevant guidelines governing the transfer and posting of the Railway Protection Force. JUDGE Comparing Assistant