Shri G Kumar Vs Union of India

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Page No.# 1/4

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GAHC010109372026

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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)/1842/2026

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SHRI G KUMAR

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SON OF SHRI P.G. GANGADHARAN, COMMANDANT, IRLA NO. 4460, CRPF, PRESENTLY POSTED AT HQ NORTH EAST ZONE, CRPF, RESIDIGN AT GOS MESS, SUITE NO. 205, CRPF CAMPUS, AMERIGOG, GUWAHATI, ASSAM 781023

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VERSUS

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UNION OF INDIA SECRETARY MINISTRY OF HOME AFFAIRS, ANEW DELHI 110023 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

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Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,R K SHARMA,MR. U HAZARIKA

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Advocate for the Respondent : DY.S.G.I.,

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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03.06.2026

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Heard Ms. T. Som, learned counsel for the applicant. Also heard Ms. R. Devi, learned CGC for the respondents.

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2] The applicant, by WP(C) No. 2805/2026 had earlier approached this Court praying for a direction to the respondents to set aside and quash the UPSC advice F.No.3/222/2025–D&AC Dated 26.02.2026 and also to consider the final representation of the writ petitioner dated 15.05.2026 against the advice of the UPSC.

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3] On the submissions made before the Court by the learned counsel for the parties the writ petition stood disposed of by order dated 29.05.2026, where at paragraph No. 6 the following direction was issued:

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“ 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.”

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4] The applicant has now come up with an Interlocutory Application being I.A.(Civil) No.1842/2026 seeking a further direction to the respondents that the authority should be directed to dispose of the earlier representation dated 29.08.2025, which was filed by the applicant earlier.

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5] It is submitted by the learned counsel for the applicant that due to oversight, this particular representation was not enclosed to the writ petition and specific prayer thereon were also not included. Therefore, the prayer is made in the Interlocutory Application seeking a modification of the order dated 29.05.2026 to direct the respondent authorities to consider the representation dated 29.08.2025, which is now brought before the Court by this Interlocutory Application.

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6] Ms. R. Devi, learned CGC for the respondents submits that the representation dated 15.05.2026 refers to the earlier representation dated 29.08.2025 and this Court had already disposed of the writ petition without expressing anything on merits with the direction as specified in paragraph No. 6, therefore, at this stage, prayer made in the Interlocutory Application ought not to be allowed.

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7] Having heard the learned counsel for the parties and having perused the order passed it is seen that in the representation dated 15.05.2026, there is a specific reference made by the petitioner with regard to his earlier representation dated 29.08.2025. The representation reflects that there is a prayer before the authorities to take on record the reply or representation along with the Charged Officer’s i.e. the petitioner’s final representation dated

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Page No.# 4/4

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29.08.2025 and consider both while taking the final decision in the matter.

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8] Under such circumstances, since by the earlier order dated 29.05.2026 the writ petition stood disposed of in terms of the directions issued in paragraph No. 6 without expressing anything on merit, it is needless to say that while disposing of the representation dated 15.05.2026 as directed by the Court shall take into consideration the issues raised therein including those raised in the earlier representation dated 29.08.2025. Under such circumstances, there is no merit in the Interlocutory Application, accordingly, this Interlocutory Application stands dismissed. The order dated 29.05.2026 passed earlier in the writ petition being WP(C) No. 2805/2026 stands reiterated.

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9] The order passed today will be read together with the order dated 29.05.2026 passed in WP(C) No. 2805/2026.

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JUDGE

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Shri G Kumar v. Union of India

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Shri G Kumar v. Union of India

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