Dr. Rajani Kanta Nath v. The State of Assam and 6 Ors

ORDER Date : 23/09/2024

Heard Mr.D. Borah, learned counsel for the writ petitioner. Also heard Ms. M.M. Kaotoky, learned Standing Counsel, AH & Vety. Department and Mr. P.Nayak, learned Standing Counsel, Finance Department, Assam, appearing for the official respondents. Aggrieved by the order of suspension, the petitioner has approached this Court by filing the Page No.# 3/3 instant writ petition. Today, when the matter is called up, Ms. Kotoky has produced a copy of the notification dated 20/09/2024 to submit that the order of suspension issued in respect of the petitioner has already been revoked whereafter, he has been transferred and posted as Officer-in-Charge, ICDP, Silchar, Cachar with effect from the date of taking over charge. If that be so, the cause of action for filing of this writ petition does not survive any more. If the petitioner is aggrieved due to violation of any of his service condition or on account of initiation of departmental proceeding against him, the said aspect of the matter cannot be examined in this writ petition since there is neither any prayer to that effect nor is there any pleading in support such a contention. As such, by granting liberty to the petitioner to institute appropriate legal proceeding ventilating his grievance, as and when proper cause of action is available, this writ petition stands closed.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010039312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1102/2024o DR.oRAJANIoKANTAoNATHo S/O-oLATEoRUDRAoKANTAoNATH,oR/O-oVILL-oSANTIoNAGAR,oHOUSEoNO.o 7A,oBYE-LANEoNO.2o(NAMGHARoPATH),oP.O.oKAHILIPARA,oP.S.oDISPUR,o DIST.-oKAMRUPo(M),oASSAM,oPIN-o781019 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o ANIMALoHUSBANDRYoANDoVETERINARYoDEPARTMENT,oDISPUR,o GUWAHATI-6,oDIST-oKAMRUPo(M),oASSAM 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oANIMALoHUSBANDRYoANDoVETERINARYoDEPARTMENT oDISPUR oGUWAHATI-6 oDIST-oKAMRUPo(M) oASSAM 3:THEoPRINCIPALoSECRETARY oBTR oKOKRAJHAR oP.O.oBODOFAoNWGWR oPIN-o783370 oDIST.-oKOKRAJHAR oASSAM 4:THEoDIRECTOR oANIMALoHUSBANDRYoANDoVETERINARYoDEPARTMENT oCHENIKUTHI oP.O.oCHENIKUTHI oGUWAHATI-03 Page No.# 2/3 DIST- KAMRUP (M) ASSAM 5:THE DIRECTOR ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT BTC KOKRAJHAR P.O. TITAGURI PIN- 783370 DIST- KOKRAJHAR ASSAM 6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 29 DIST.- KAMRUP (M) ASSAM 7:THE TREASURY OFFICER KOKRAJHAR TREASURY P.O. KOKRAJHAR PIN- 783370 DISTRICT- KOKRAJHAR ASSA Advocate for the Petitioner : MR. D BORAH, MR. R DOWARAH Advocate for the Respondent : DY.S.G.I., SC, A.H and V. DEPT.,MS. M M KOTOKY,GA, ASSAM,SC, BTC,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM