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2026 Supreme(Gau) 52

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Rajib Dowerah S/o Durgeshwar Duwarah – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : D.P. Borah
For the Respondent: B. Chakraborty

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. D. P. Borah, the learned counsel appearing on behalf of the petitioner and Mr. B. Chakraborty, the learned CGC who appears on behalf of the respondent Nos.1 to 4.

2. Taking into account the order which this Court proposes to pass, this Court dispenses with the service of notice upon the respondent No. 5.

3. At the outset, it is relevant to take note that the petitioner herein is a permanent resident of the district of Dhemaji, Assam. Pursuant to a recruitment process initiated at Dhemaji on 13.11.1998, the petitioner was appointed as a Const. (GD) and joined the Headquarter Sector, Border Security Force at Rani, Azara, Guwahati, Assam. Subsequent thereto, the petitioner was posted at various places. While performing duties as Mess Commander Officer at THQ Mess Factory, Baramulla, a charge- sheet was served upon the petitioner on 20.09.2023, charging him with a total of five charges. The petitioner submitted his written statement to the said charge-sheet. The General Security Force Court conducted fact-finding proceedings and held the petitioner guilty in respect of the third, fourth, and fifth charges by a report dated 01.11.2023.

4. The petit

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