Debajit Das v. The State of Assam and 6 Ors

ORDER Date : 16.02.2024

Heard Mr. K. N. Choudhury, learned Senior counsel assisted by Mr. D. P. Borah, learned counsel for the petitioner. Also heard Mr. D. Bora, learned Govt. Advocate for the respondent Nos. 1 and 4 and Mr. P. Nayak, learned standing counsel, PWD for the respondent Nos. 2, 3, 5, 6 and 7.

¶2The petitioner is presently holding the post of Addl. Chief Engineer in the Department of Public Works Roads Department. By a Notification dated

11.01.2024, issued by the Special Commissioner and Special Secretary to the Govt. of Assam, Public Works Roads Department, the Gradation List of the Addl. Chief Engineer (Civil) PWD was notified, wherein, the name of the petitioner appears at Sl. No. 2. It is the case of the petitioner that the person at Sl. No.1 in the said Notification dated 11.01.2024 was already promoted to the post of Chief Engineer and has retired on 31.01.2024. Page No.# 3/3

¶3The case of the petitioner before this Court is that his case should be considered for promotion to the post of Chief Engineer inasmuch as, there are five vacancies available in the cadre of Chief Engineer. The further case of the petitioner is that the Regular Enquiry vide RE No.78(12) of 2017 is pending against the petitioner, however, till date, no charge sheet has been filed.

¶4This Court on 12.02.2024 directed the learned standing counsel, PWD to take instructions whether charge sheet has been filed in the said regular enquiry. Today, when the matter is called up, the learned standing counsel, PWD submits that no charge sheet has been filed in the regular enquiry pending against the petitioner.

¶5Recording the submission made by the learned standing counsel, PWD, this Court is of the considered opinion that there is no further impediment on the part of the respondents to consider the case of the petitioner for promotion to the post of Chief Engineer, PWD. Accordingly, the DPC is directed to consider the case of the petitioner for promotion to the post of Chief Engineer, PWD within a period of 2(two) weeks from the date of receipt of the copy of the order.

¶6Thereafter, consequential order(s) shall be passed by the concerned authority forthwith.

¶7With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010022302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/551/2024o DEBAJIToDASo S/OoLATEoDHARANIoDHARoDAS,oR/OoHOUSEoNO.o1,oELORAoPATH,oBYEo LANEoOFoAJANTAoPATH,oBELTOLA,oGUWAHATI-781028,oDIST-oKAMRUPo(M), ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGUWAHATI-781006 2:THEoSPECIALoCOMMISSIONERoANDoSPECIALoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oPUBLICoWORKSoROADSoDEPTT oDISPUR oGUWAHATI-6 3:THEoSPECIALoCOMMISSIONERoANDoSPECIALoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oPUBLICoWORKSo(BUILDINGoANDoNHoWORKS)oDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoANDoPOLITICALo(VIGILANCE)oDEPARTMENT oDISPUR oGUWAHATI-6 5:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPUBLICoWORKSoROADSoDEPARTMENT oDISPUR oGUWAHATI-6 Page No.# 2/3 6:THE SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS (ROADS DEPARTMENT DISPUR GUWAHATI-6 7:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM ESTABLISHMENT AND CONFIDENTIAL CELL PWRD DISPUR GUWAHATI- Advocate for the Petitioner : MR. K N CHOUDHURY Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR