Meghalaya High Court

WP(C)/418/2019 of RAN VIJAY SINGH Vs THE UNION OF INDIA AND 4 ORS. on 6 February 2024

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Serial No.17 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 418 of 2019 Date of order: 06.02.2024 Shri. Ran Vijay Singh Vs. Union of India & Ors. Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner(s) : Mr. S. Banik, Adv. For the Respondent(s) :

Serial No.17Regular List

HIGH COURT OF MEGHALAYA AT SHILLONG

WP(C) No. 418 of 2019

Date of order: 06.02.2024

Shri. Ran Vijay Singh

Vs. Union of India & Ors.

Coram:

Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:For the Petitioner(s) : Mr. S. Banik, Adv. For the Respondent(s) : Dr. N. Mozika, DSGI with Ms. A. Pradhan, Adv.

i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press:

Yes/No Yes/No

ORAL:-

Heard Mr. S. Banik, learned counsel appearing for the petitioner and also Dr. N. Mozika, learned DSGI assisted by Ms. A. Pradhan, learned counsel appearing for the respondents.

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1. By this application the petitioner has challenged the order dated 09-08-2019 by which the petitioner was reverted back to his parent unit 28 Assam Rifles from Head Quarter 10 Sector. The primary contention raised on behalf of the petitioner is that the reversion order has been passed with a ploy to frustrate the claim of the petitioner raised in WP(C) No. 191/2019, which claim is now pending adjudication in WP(C) No. 461/2020 after disposal of the WP(C) No. 191/2019 since the disposal was not on merit of the claim of the petitioner.

2. This matter was taken up for hearing along with WP(C) No. 461/2020, which has been disposed of today by directing the concerned respondent authorities for reconsideration of the claim of the petitioner raised therein.

3. Dr. N. Mozika, learned DSGI has submitted that since the WP(C) No. 461/2020 has been sent back to the authorities concerned for taking a decision afresh, the present matter may also be disposed of by directing the respondents herein to reconsider the impugned reversion order dated 09-08-2019 after a fresh order is passed as per the direction made in WP(C) No. 461/2020.

4. Since, it is the admitted stand of the parties herein that the order to be passed by the authorities concerned as per the direction made in WP(C) No. 461/2020 may have a bearing on the matter of reversion of the petitioner to his parent department, it would be appropriate at this juncture to direct the respondents to pass appropriate order with regard to the reversion of the petitioner after a fresh order as per the direction in WP(C) No. 461/2020 is issued.

5. Accordingly, the impugned reversion order dated 09-08-2019, so far as it concerns the petitioner, is set aside. The respondent shall be at liberty to pass appropriate orders with regard to the reversion of the petitioner back to his parent department after a fresh order is issued as per the direction made today in WP(C) No. 461/2020. The interim order, if any, passed in this matter stands merged with this order.

6. With above, the writ petition is disposed of.

JUDGE

Meghalaya06.02.2024“Biswarup-PS”

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