GAHC010249772025 2025:GAU-AS:15606

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/3636/2025

SRI AMIT KUMAR

UIN NO. 13061551 S/O- LATE NAND KUMAR RESIDENT OF VILLAGE -

BALUA, P.O.- DUMRA, P.S.- MAHINDWARA, DISTRICT- SITAMARHI, BIHAR,

PIN-843316

VERSUS

THE UNION OF INDIA

REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME

AFFAIRS, DEPARTMENT OF HOME, GOVERNMENT OF INDIA, NEW DELHI-

110001.

2:THE DIRECTOR GENERAL

SASHASTRA SEEMA BAL

EAST BLOCK-V

R.K. PURAM

NEW DELHI- 110066.

3:THE INSPECTOR GENERAL FRONTIER HEADQUARTERS (HQRS)

SSB

VILL.-BORKHAT

SONAPUR

PO PSSONAPUR

PIN- 782402

DISTRICTKAMRUP METRO

ASSAM.

4:THE DY INSPECTOR GENERAL

SASHASTRA SEEMA BAL

SECTOR HEAD QUARTERS

BONGAIGAON

ASSAM PIN-783380.

5:THE COMMANDANT 15TH BATTALION SSB KAJALGAON DISTRICT - CHIRANG ASSAM PIN - 783386.

6:THE SECOND IN COMMAND (ADMN SECTOR HEAD QUARTER SHQ SSB BONGAIGAON ASSAM PIN - 783380 Advocate for the Petitioner : MR. L N DIHINGIA, Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 18.11.2025 Heard Mr. L. N. Dihingia, learned counsel for the applicant. Also heard Mr.

U. K. Goswami, learned Central Government Counsel for the respondents.

2. By filing this interlocutory application, the applicant prays for a direction to the respondent authorities to issue the required No Objection Certificate (NOC)/Discharge Certificate so as to enable him to join as Sub-Inspector (General Duty) in CRPF on or before 22.11.2025, subject to the outcome of the connected writ petition, being WP(C) No. 3223/2025.

3. The applicant has challenged the order of dismissal from service dated 08.03.2025, passed by the Commandant, 15 BN, SSB, Kajalgaon, Assam, as well as the rejection order of the appellant authority dated 23.05.2025, in the aforesaid connected writ petition.

4. The applicant was appointed in the SSB on 05.05.2022 and joined at 15 ^th Battalion, SSB, Kajalgaon in the District of Chirang, Assam after undergoing the due process of recruitment. Subsequently, a Court of enquiry was constituted against the applicant and consequent thereupon, an order of dismissal dated 08.03.2025 from service was passed and thereafter rejected the appeal by the Appellate Authority vide order dated 23.05.2025, which has been put to challenge in the aforesaid writ petition, which is presently pending adjudication before this Court. The primary charge against the applicant appears to be unauthorized absence from duty.

5. Pursuant to an advertisement dated 04.03.2024, issued by the Under Secretary, Staff Selection Commission (Hqrs), Department of Personnel and Training, Ministry of Personnel, Public Grievances & Pensions, Government of India, for recruitment to the post of Sub-Inspector in Delhi Police and Central Armed Police Forces (CAPFs), the applicant participated in the selection process on the strength of an NOC issued by the competent authority.

6. After successfully cleared the recruitment process, the applicant has been issued an offer of appointment dated 24.10.2025 by the Deputy Inspector General of Police, GC, CRPF Muzaffarpur. The appointment order inter alia contains that the appointee has to obtain NOC/Discharge Certificate from previous employer, if any. It also provides that the appointee should report for joining duty to the Deputy Inspector General of Police, Group Centre, CRPF, Muzaffarpur, Bihar on or before 22.11.2025. In the above circumstances, the present application has been filed for a direction to the respondent authorities to issue NOC to the applicant so as to enable him to join as Sub-Inspector in the CRPF in terms of the offer of appointment dated 24.10.2025.

7. This Court on 14.11.2025, considering that the last date for joining in terms of the offer of appointment is on 22.11.2025 and the offer of appointment requires the applicant to submit NOC/Discharge Certificate from the previous employer, directed the learned Central Government Counsel to obtain instruction from the concerned a