Gauhati High Court
Sarwan Kumar vs The Union Of India And 6 Ors on 1 April, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/4
GAHC010030072022
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1306/2022
SARWAN KUMAR
S/O LATE SHANKAR DAS, P/R/A 704 SYMPHONY FLOOR, M2K, SECTOR 51,
GURGAON, DIST- GURGAON, HARYANA, P/R/O VILL- KHERABAD, DIST-
HOSHIYARPUR, PUNJAB, PIN-144205
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY SECRETARY MINISTRY OF HOME AFFAIRS, NORTH
BLOCK, CENTRAL SECRETARIAT, NEW DELHI-1
2:THE DIRECTOR GENERAL
SASHATRA SEEMA BAL
BLOCK V (EAST)
R.K. PURAM
NEW DELHI-110066
3:THE ASSISTANT DIRECTOR (PERS-I)
O/O DIRECTOR GENERAL
SASHATRA SEEMA BAL
BLOCK V (EAST)
R.K. PURAM
NEW DELHI-110066
4:YJE INSPECTOR GENERAL (PERS)
O/O DIRECTOR GENERAL
SASHATRA SEEMA BAL
BLOCK V (EAST)
R.K. PURAM
NEW DELHI-110066
5:THE INSPECTOR GENERAL
Page No.# 2/4
FRONTIER HEADQUARTERS
SSB
HOUSE NO. 345
NIKITA COMPLEX
KHANAPARA
GUWAHATI-781022
6:THE DEPUTY INSPECTOR GENERAL
O/O INSPECTOR GENERAL
FRONTIER HEADQUARTERS
SSB
HOUSE NO. 345
NIKITA COMPLEX
KHANAPARA
GUWAHATI-781022
7:THE COMMANDANT (ADMN)
O/O INSPECTOR GENERAL
FRONTIER HEADQUARTERS
SSB
HOUSE NO. 345
NIKITA COMPLEX
KHANAPARA
GUWAHATI-78102
Advocate for the Petitioner : MR. U K NAIR, MR. U PATHAK,MR H K DAS
Advocate for the Respondent : ASSTT.S.G.I.,
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
01.04.2025 Heard Mr. H.K. Das, learned counsel for the petitioner who submits that the petitioner retired as I.G, SSB on 31.01.2021. He submits that during the time when the petitioner was in service, he was placed under suspension and Court of Inquiry and additional Court of Inquiry was conducted but no charge sheet has been filed till date. Despite the same, the petitioner has been given only a provisional pension. The learned counsel submits that without there being a charge sheet, the respondent authorities cannot withhold the pension and other pensionary benefits of the petitioner in the manner it has been done.
Ms. B. Sarma, learned CGC submits that counter affidavit was filed in the year 2022 and as per the said affidavit, the respondents are yet to take a decision on the Court of Inquiry as well as on the additional Court of Inquiry conducted. She submits that the representation of the petitioner for payment of regular pension has also been forwarded to the Ministry of Home, which is the competent authority to consider the prayer of the petitioner.
Having regard to the above projection and in view of the fact that the affidavit-in-opposition was filed as far back as on 03.08.2022, the learned CGC shall obtain up-to-date instructions as to what has happened to the representation Page No.# 4/4 submitted by the petitioner and also what decision the respondent authorities have taken pursuant to the Court of Inquiry and additional Court of Inquiry said to have been held against the petitioner.
To enable the learned CGC obtain instructions, let the matter be listed again on 22.04.2025. The learned CGC to obtain instructions by then.
JUDGE Comparing Assistant