Bijoy Kalita v. The State of Assam and 3 Ors

ORDER Date : 24.06.2024

Heard Ms. R. R. Kakati, learned counsel for the applicant as well as Mr. B. Deuri, learned Govt. Advocate appearing on behalf of all the respondents. By this application, the applicant who is the writ petitioner in WP(C)/2264/2023 is praying for correction at paragraph-14 of the order dated

20.03.2024 passed by this Court in WP(C)/2264/2023. The learned counsel for the applicant submits that in the second line of para-14 of the said order a typographical error has occurred, wherein, the order imposing the penalty of dismissal has been recorded as 31.03.2022, whereas, it should read as 31.03.2023. This Court has perused the records and is of the considered opinion that a typographical error has occurred while recording the order imposing penalty of dismissal as 31.03.2022 instead of 31.03.2023. Mr. B. Deuri, learned counsel for the opposite parties has also no objection. Accordingly, the paragraph-14 of the order dated 20.03.2024 passed in WP(C)/2264/2023 is accordingly modified and the same should read as under:

"14. Accordingly, the second enquiry report is set aside and quashed. Consequently, the order dated 31.03.2023 by which the petitioner was imposed the penalty of dismissal Page No.# 3/3 from service on the basis of the second inquiry report is also set aside and quashed. The matter is remanded to the Disciplinary Authority to take a final call on the first enquiry report submitted by the Enquiry Officer on 31.03.2022 and pass appropriate orders in accordance with law as expeditiously as possible but not later than 3 (three) months from the date of receipt of a copy of this Court's order."

I.A. is accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010089492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1342/2024 BIJOY KALITA S/O LATE KALICHARAN KALITA, R/O HOUSE NO. 1(A), NATUN NAGAR, NEAR T.V. TOWER, KAHILIPARA, P.O.-KAHILIPARA, P.S.-DISPUR, GUWAHATI-781019, DIST-KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 3:THE COMMANDANT 12TH APBN JAMUGURIHAT SONITPUR ASSAM 4:THE COMMANDANT 15TH AP(IR) BATTALION ERALIGOOL KARIMGANJ ASSA Advocate for the Petitioner : MR. K N CHOUDHURY Advocate for the Respondent : GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR