Habizur Rahman Laskar v. The State of Assm and 5 Ors

JUDGMENT & ORDER (ORAL) Date : 04-04-2024 (Vijay Bishnoi, CJ)

This intra-court appeal is filed by the appellant being aggrieved with the order dated 12-12-2022 whereby the learned Single Judge while disposing of the writ petition filed by the petitioner has granted liberty to the petitioner to give reply to the Enquiry Report with a further direction to the Disciplinary Authority to pass its own reasoned order. Simultaneously, the learned Single Judge has refused to interfere the order dated 11-12-2014 impugned in the writ petition, whereby the appellant was compulsorily retire from service after a departmental enquiry.

¶2The learned Single Judge has observed that the order dated 11-12-2014 retiring the appellant compulsorily will remain subject to the fresh order passed by the Disciplinary Authority. The learned Single Judge has further clarified that the ground taken by the appellant to the effect that the Presenting Officer has also acted as Enquiry Officer be treated as foreclosed and the petitioner can submit his reply by taking any other ground other than the aforesaid ground. Page No.# 3/3

¶3The learned counsel for the appellant has submitted that he is only aggrieved by the direction of the learned Single Judge whereby it has foreclosed the right of the petitioner to raise the ground that the Presenting Officer and the Enquiry Officer is the same in the Disciplinary Proceeding against the appellant.

¶4We have heard the learned counsel for the appellant and have also perused the original record of the Departmental Proceedings produced by the learned counsel for the State of Assam. From the record it is clear that no Presenting Officer was appointed at any point of time during the pendency of the Departmental Proceeding against the appellant. In such circumstances, when the Presenting Officer was not even being appointed in the Departmental Proceedings, there is no question of the same person acted as the Presenting Officer and the Enquiry Officer. Hence, we do not find any case for interference. This intra-court appeal is dismissed. The original record of the Departmental Proceedings be returned back to the learned counsel for the State of Assam

JUDGE CHIEF JUSTICE GS Comparing Assistant

PageoNo.#o1/3 GAHC010003852023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/7/2023ooooooooo HABIZURoRAHMANoLASKARo S/O.oLT.oNASIBoALIoLASKAR,oVILL.oTUPKHANA,oP.O.oARUNACHAL,oP.S.o SILCHAR,oDIST.oCACHAR,oASSAM,oPIN-788025. VERSUSo THEoSTATEoOFoASSMoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oHOMEoANDo POLITICALo(B)oDEPTT.,oDISPUR,oGUWAHATI-06. 2:THEoDIRECTORoGENERALoOFoPOLICE oULUBARI oGUWAHATI-07. 3:THEoINSPECTORoGENERALoOFoPOLICE oULUBARI oGUWAHATI-07. 4:THEoDEPUTYoINSPECTORoGENERALoOFoPOLICE oC.R.oDIPHU oKARBIoANGLONG oASSAM oPIN-782460. 5:THEoSUPDT.oOFoPOLICEoCUMoDISCIPLINARYoAUTHORITY oDIPHU oKARBIoANGLONG oASSAM oPIN-782460. 6:THEoDY.oSUPDT.oOFoPOLICEo(P) o23RDoAP(P)oBN. oCUMoENQUIRYoOFFICER Page No.# 2/3 DIPHU KARBI ANGLONG ASSAM PIN-782460 For the Appellants : Mr. S. Nath, Advocate For the Respondents : Mr. D.K. Sarmah, Addl. Sr. GA, Assam Ms. S. Konwar, JR. GA, Assam BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM