Allowed¶33

Assistant Sub Inspector Malati Devi v. the Union of India and 5 Ors.

Gauhati HC8 Apr 2025I.A.(Civil)/1115/2025

Case brief

AI extract

What is this about?

I.A.(Civil)/1115/2025; Gauhati High Court; Soumitra Saikia, J.; order dated 09.04.2025; Assistant Sub Inspector Malati Devi v. Union of India and 5 Ors; CRPF; correction of order dated 28.03.2025 in WP(C) No.1239/2025; interim direction wrongly recorded; impugned order dated 31.01.2025 stayed; writ petitioner Serial No. 1810; Office Memorandum dated 02.02.2024; speaking order by respondent No.2; application allowed and disposed of.

What did the court decide?

Correction of the interim direction in the order dated 28.03.2025 passed in WP(C) No.1239/2025, substituting the wording that the impugned order dated 31.01.2025 (writ petitioner at Serial No. 1810) shall remain stayed till the speaking order is passed; the interlocutory application stands allowed and disposed of. ¶33

Assistant Sub Inspector Malati Devi Vs the Union of India and 5 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim direction recorded in the order dated 28.03.2025 passed in WP(C) No.1239/2025 was wrongly recorded and required correction. +1 more

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Court's answer

The interim direction recorded in the order dated 28.03.2025 passed in WP(C) No.1239/2025 was wrongly recorded and required correction.

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Ratio / Principle

In place of the earlier wording ('the interim order dated 31.01.2025 ... will continue ...'), the Court directed that the following be read: 'The impugned order dated 31.01.2025 in so far as it relates to the writ petitioner whose name appears at Serial No. 1810 shall remain stayed till such speaking order as directed is passed by the respondents.'

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Key takeaways

The order passed in this interlocutory application shall be read together with the order dated 28.03.2025 passed in WP(C) No. 1239/2025.ratio¶32
The rest of the directions contained in the order dated 28.03.2025 passed in WP(C) No. 1239/2025 shall remain the same.ratio¶34

Detailed headnote1 paragraphs

Gauhati High Court (Soumitra Saikia, J.), order dated 09.04.2025 in I.A.(Civil)/1115/2025 - Assistant Sub Inspector Malati Devi v. The Union of India and 5 Ors. The application sought correction of the order dated 28.03.2025 passed in WP(C) No.1239/2025, by which the matter had been disposed of with directions that the petitioner file an application before respondent No.2, who was to examine it in the light of the Office Memorandum dated 02.02.2024 and pass a speaking order, with an interim direction operating till then. Finding that interim direction to have been wrongly recorded, the Court substituted the wording: instead of 'the interim order dated 31.01.2025 ... will continue', it was directed that 'The impugned order dated 31.01.2025 in so far as it relates to the writ petitioner whose name appears at Serial No. 1810 shall remain stayed till such speaking order as directed is passed by the respondents.' The present order is to be read together with the order dated 28.03.2025, and the rest of the directions in that order remain unchanged. Interlocutory application allowed and disposed of.

Page No.# 1/3

GAHC010071542025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/1115/2025

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ASSISTANT SUB INSPECTOR MALATI DEVI

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FORCE NO. 973030021, D/O LATE SURJYA KANTA NATH RESIDENT OF HOUSE NO. 695, NEAR LACHIT NAGAR BUS STOP, POST OFFICE-ULUBARI, POLICE STATION- PALTAN BAZAR, DISTRICT- KAMRUP(M), ASSAM, PIN 781007

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VERSUS

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THE UNION OF INDIA AND 5 ORS

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REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110003

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2:THE DIRECTOR GENERAL

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CENTRAL RESERVE POLICE FORCE CENTRAL GOVERNMENT OFFICE COMPLEX NEW DELHI- 110001

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3:THE DEPUTY INSPECTOR GENERAL (ESTABLISHMENT) OFFICE OF THE DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE

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CENTRAL GOVERNMENT OFFICE COMPLEX NEW DELHI-110001

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4:THE INSPECTOR GENERAL OF POLICE NORTH EASTERN SECTOR CENTRAL RESERVE POLICE FORCE SHILLONG MEGHALAYA PIN- 793001

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5:THE DY. INSPECTOR GENERAL OF POLICE CENTRAL RESERVE POLICE FORCE

GROUP CENTRE

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AMERIGOG PIN- 781316

6:THE COMMANDANT GROUP CENTRE AMERIGOG GUWAHATI 9TH MILE CENTRAL RESERVE POLICE FORCE ASSAM PIN - 78131

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Advocate for the Petitioner : MR. R MAZUMDAR, MRS P RAI,MS T WAPANGLA,MR. R DEKA

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Advocate for the Respondent : DY.S.G.I., MR. G PEGU (C.G.C)

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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09.04.2025

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Heard Ms. T. Wapangla, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC for the Union.

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This interlocutory application has been filed seeking correction of the order dated 28.03.2025 passed in WP(C) No.1239/2025.

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By the said order the matter was disposed of and the petitioner was permitted to file an application before the respondent No.2 with all particulars and the respondent No.2 thereafter will examine the matter in the light of the Office Memorandum dated 02.02.2024 and pass speaking order. In the said order there is an interim direction issued till the speaking order as directed by the respondents is passed in terms of the direction of the Court the impugned order in so far as it relates to the writ petitioner. The said interim order was

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Page No.# 3/3

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wrongly recorded. However, this direction of the Court as it appears now requires correction. Accordingly, it is directed that in place of ”the interim order dated 31.01.2025, in so far as it related to the writ petitioner whose name appears at Serial No. 1810 will continue till such speaking order as directed is passed by the respondents” the following shall be read:-

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“The impugned order dated 31.01.2025 in so far as it relates to the writ petitioner whose name appears at Serial No. 1810 shall remain stayed till such speaking order as directed is passed by the respondents.”

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This order passed today in this interlocutory application shall be read together with the order dated 28.03.2025 passed in WP(C) No. 1239/2025.

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Accordingly, the interlocutory application stands allowed and disposed of.

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The rest of the direction contained in the order dated 28.03.2025 passed in WP(C) No. 1239/2025 shall remain the same.

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JUDGE

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Comparing Assistant

Assistant Sub Inspector Malati Devi v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Assistant Sub Inspector Malati Devi v. the Union of India and 5 Ors.

Case brief

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What did the court decide?

Why is it important?

What the court decided

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