W.P.(C) No. 17 of 2013 Page 1 of 8

THE HIGH COURT OF MEGHALAYA

AT SHILLONG.

W.P.(C) No. 17 of 2013

No. G/38635 H Rfn/GD

SANJAY BHATTACHARJEE,

S/o Late Pradeep Shankar Bhattacharjee

R/o Village : Lumding Mistery Patty,

Naugoan, Assam-782447

::::::: Writ Petitioner

-Vrs-

1. The Union of India represented by the

Secretary, Ministry of Home Affairs,

Government of India, New Delhi.

2. The Directorate General of Assam

Rifles, Laitkor, Shillong,

Meghalaya-793010

3. The Brigadier (Pers),

H.Q. : Directorate General Assam

Rifles, Laitkor, Shillong, Meghalaya.

4. The inspector General Assam Rifles

C/O 99 A.P.O.

5. The Commandant,

H.Q. : 3^rd Assam Rifles,

PIN 932008, C/O 99 A.P.O

::::::: Respondents

BEFORE

THE HON’BLE MR JUSTICE SR SEN

For the Petitioner

:

Mr. R. Jha, Adv.

For the Respondent s

:

Mr. S.C. Shyam, Sr. Adv

Date of hearing

:

22.11.2013

Date of Judgment & Order :

22.11.2013

W.P.(C) No. 17 of 2013 Page 2 of 8

JUDGMENT AND ORDER (ORAL)

The instant writ petition is directed against the Impugned Order

dated 13^th May 2009 issued by the Commandant 3^rd Battalion, Assam Rifles,

whereby, the petitioner was dismissed from service.

2.

The petitioner’s case in a nutshell is that:

“This Writ petition has been filed by the petitioner under

Article 226 of the Constitution of India for issuance of a Writ

of Certiorari and mandamus for setting aside and quashing

the Impugned Order dated 13^th May 2009 passed by the

Commanding Officer in exercise of power vested under the

Assam Rifles Act, 1941. The grounds on which the Petitioner

challenged the Impugned Order is that the commanding

officer had acted upon the power which is not vested in it and

passed the impugned order of dismissal without any authority

of law. The petitioner was held to be subjected to the Assam

Rifles

Act,

1941

inspite

of

the

fact

that

after

the

commencement of the Assam Rifles Act, 2006, the Assam

Rifles Act of 1941 is repealed.

The Petitioner also challenge the said impugned

order of his dismissal on the other grounds that had been

mentioned by the Petitioner in Para 8 of the Writ Petition. This

instant Writ Petition has been filed challenging the said

Impugned Order dated 13^th May 2009, with the prayer to set

aside and quashed the said Impugned Order which is

arbitrary, illegal, unconstitutional, unwarranted in as much as

the same is not tenable in the eyes of law and other service

Rules and Laws made therein and hence the writ petition of

W.P.(C) No. 17 of 2013 Page 3 of 8

the Petitioner challenging the illegal acts and deeds of the

Respondent

Authority

inspite

of

the

enactment

and

commencement of the Assam Rifles Act, 2006 and Assam

Rifles Rules 2008.

The instant case is covered with the Judgment and

Order dated 20^th July 2011 passed in Writ Petition No. 148

(SH) of 2010 which was upheld by the Hon’ble Division Bench

of the High Court vide Order dated 29^th August 2011 passed in

Writ Appeal No. 33 (SH) of 2011 as well as by the Hon’ble

Apex Court as such the impugned order dated 13^th May 2009

is liable to be set aside and quashed and same relief may

please be granted to the petitioner”.

3.

Being aggrieved by the Impugned Order referred above, the

petitioner approached this court by way of this instant writ petition.

4.

The learned counsel, Mr. R. Jha appearing for and on behalf of the

petitioner submits that, the Impugned dismissal order dated 13^th May 2009 is

in contrary to the provision of section 11 of the Assam Rifles Act, 2006. The

learned counsel further contended that, the Assam Rifles A