S.M. Shamsh Jamal v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3171 of 2026 ====================================================== S.M. Shamsh Jamal Son of Late S.M. Raziuddin Haider, Resident of Mohalla Jamalmanzil Sherpur, PS BiharSharif, District Nalanda. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home Affairs, Govt. of India, New Delhi.

2.

Director General of C.R.P.F., Headquarter C.R.P.F., C.G.O. Complex, New Delhi.

3.

Special Director General Central Zone, C.R.P.F., Salt Lake, Sector 3, H.C. Block, Kolkata.

4.

I.G., C.R.P.F., Madhya Pradesh, Sector Bhopal. 5.

D.I.G., C.R.P.F., Range Head Quarter, Bhopal. 6.

Commandant 131 Bn C.R.P.F., Suman Gora Konta, District Sukma, Chattishgarh.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ebrahim Kabir, Advocate Mrs. Shruti Sinha, Advocate For the Respondent/s :

Dr. Krishna Nandan Singh, ASGI Mr. Rajan Sahay, Sr. C.G.C.

Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 10-03-2026 Heard learned Counsel for the petitioner and learned Counsel for the Union of India.

2. The present writ petition has been filed by the petitioner for issuance of an appropriate writ order or direction for quashing office order no- P-8-3/2020-est-2/131 Bn dated 0807-2021 issued by Commandant 131 Bn C.R.P.F. Sonamgora Konta District Sukma Chattishgarh whereby petitioner has been

2/4 given punishment of compulsory retirement i.e. Annexure-P/11 and also quashing office order no- R-13-131/2021-est-3 dated 08-12-2021 issued by D.I.G. C.R.P.F. Range Headquarter Bhopal (M.P.) whereby appeal of petitioner has been rejected i.e. annexure-P/12 and also for quashing order no- R-13-2/2022EST-1 dated 31-05-2022 issued by I.G. Madhya Pradesh Sector, Bhopal, whereby revision of petitioner has been rejected, i.e. Annexure-P/13 and also for quashing order no- R-13-29/2022 DA-2 (vig), dated 17-01-2023, issued by Special Director General C.R.P.F. Central Zone Salt Lake Sector-3 H.C. Block Kolkatta whereby appeal/representation of petitioner has been rejected and for quashing letter no- R-13-109/2020 (Vigi)(law) dated 16-03-2023 issued from office of D.G. of C.R.P.F.

, New Delhi whereby the representation of petitioner has not been considered and declared to be not maintainable i.e. AnnexureP/15 and also for quashing any order passed on representation of petitioner sent to Home Ministry ,Govt. of India if adverse against the petitioner which representation is still pending i.e.

3/4 of this case.

3. Learned Counsel for the petitioner submits that he has filed his representation before the Ministry of Home, Government of India, New Delhi, but in spite of submitting several reminders no decision has been taken at the level of Ministry of Home, Government of India, which is Annexure-P16. Counsel for the petitioner submits that he shall be satisfied if a direction shall be made by this Court to respondent No.1 to take a decision on the representation filed by the petitioner (Annexure-P-16).

4. Learned Counsel for the Union of India submits that normally representation could not be kept pending, but this writ petition may be disposed off directing the Union of India to take decision on the representation of the petitioner (Annexure-P-16) within stipulated period of time if no final decision has been taken on the said representation.

5. In the light of the submissions made, this writ petition is disposed off directing the Secretary, Ministry of Home Affairs, Government of India, New Delhi, to take decision on the representation of the petitioner (Annexure-P-16) within 90 days from the date of receipt/production of a copy of this order.

4/4

6. It is made clear that this Court has not expressed any opinion on the merit or demerit of the case. The authority concerned shall take decision on the said representation in accordance with law.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.03.2026 Transmission Date