GAHC010160412024

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4033/2024

DHARMENDRA KUMAR POONIA

S/O- LATE SUBASH CHANDRA POONIA,

PRESENTLY SERVING AS NO. G/5017179K RFN/GD AT 41ST ASSAM RIFLES,

C/O 99 APO, PIN 932041.

VERSUS

THE UNION OF INDIA AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,

MINISTRY OF HOME AFFAIRS,

NEW DELHI- 110001.

2:DIRECTOR GENERAL ASSAM RIFLES

SHILLONG

MEGHALAYA-11.

3:THE DEPUTY INSPECTOR GENERAL

HED QUARTER 5 SECTOR ASSAM RIFLES

C/O 99 APO.

4:THE COMMANDANT

41ST ASSAM RIFLES

C/O 99 APO PIN- 932041

Advocate for the Petitioner : MS. S BORA, MR. P BORAH

Advocate for the Respondent : DY.S.G.I., MS. B SARMA

BEFORE HON’BLE MR. JUSTICE SOUMITRA SAIKIA Advocates for the petitioner : Ms. S Bora, Advocate Advocate for the respondents : Ms. B Sarma, CGC Date of hearing : 09.09.2025 Date of Judgment : 11.12.2025 Judgment and Order (CAV)

Heard Ms. S Bora, learned counsel for the petitioner. Also heard Ms. B Sarma, learned Central Government Counsel, for the respondents.

2] The petitioner was enrolled in the Assam Rifles in the year 2008 and after completion of this basic training he was posted in 41 Assam Rifles. It