Sri Dhrubajyoti Goswami v. The Union of India and 5 Ors

ORDER

06.03.2024 (Vijay

Bishnoi, CJ) This intra-Court appeal is filed by the appellant being aggrieved with the judgment dated 19.04.2018 passed by the learned Single Judge whereby the writ petition filed by the appellant has been dismissed as not maintainable on the ground that the NERCORMP is a registered society and cannot be said to be a State or its instrumentality or agent and therefore, no relief can be granted to the petitioner. During the course of arguments, learned counsel for the respondents has submitted that the appointment of the appellant with the respondent as Internal Auditor was purely on contractual basis for the project which was undertaken by the NERCORMP. It is submitted that now the project is over and Page No.# 3/3 the respondent Nos.5 and 6 are also not in the management of the NERCORMP and in such circumstances, apart from the maintainability of the writ petition, no relief can be granted to the appellant. The appellant has approached this Court by way of filing WP(C) No.1830/2014 being aggrieved with the action of NERCORMP of terminating his contractual engagement without providing him opportunity of hearing. It was the case of the appellant that his service was terminated in violation of the principle of natural justice. Having taken into consideration the fact that the project undertaken by the NERCORMP in which the appellant was engaged is also completed, we are of the view that no relief of reinstatement as prayed for by the appellant in the writ petition can now be granted. Hence, we are not inclined to interfere with the impugned judgment passed by the learned Single Judge. The learned counsel for the appellant has submitted that the claim of the appellant regarding arrear salary and PF dues are still pending with the NERCORMP. Taking into consideration the above submission, we grant liberty to the appellant to approach the NERCORMP for redressal of his grievance and if any such grievance is raised, the NERCORMP shall consider the dispose of the same strictly in accordance with law. With the above observation, this Writ Appeal stands disposed of.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010104202018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/409/2023o SRIoDHRUBAJYOTIoGOSWAMIo S/OoRAGHUoDEVoGOSWAMI,oR/OoH.NO.-9,oSANTIRAMoDASoPATH,o REHABARI,oGHY-8,oDIST-oKAMRUPoMETRO,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oNORTHo EASTERNoCOUNCILoNEC,oNOGRIMoHILLS,oSHILLONG 2:THEoMANAGINGoDIRECTORoCUMoDIRECTORoADMIN. oNORTHoEASTERNoREGIONoCOMMUNITYoRESOURCEoMANAGEMENTo PROJECToNERCORMPoSYMPLIoBUILDING oFIRSToFLOOR oNEARoLAWoCOLLEGE oMALKIoDHANKHETI oSHILLONG-793001 oMEGHALAYA 3:THEoPROJECToMANAGER oKARBIoANGLONGoCOMMUNITYoRESOURCEoMANAGEMENToSOCIETYo KACRMS oNEARoRANGSINGAoHALL oHAMREN oKARBIoANGLONGo-782486 oASSAM 4:THEoPRINCIPALoSECRETARY oKARBIoANGLONGoAUTONOMOUSoCOUNSEL oHAMREN oKARBIoANGLONG oASSAM Page No.# 2/3 5:AMRESH BAHADUR SINGH PROJECT TECHNICAL OFFICER- KARBI ANGLONG COMMUNITY RESOURCE MANAGEMENT SOCIETY KACRMS NEAR RANGSINGA HALL HAMREN KARBI ANGLONG-782486 ASSAM 6:BIPUL SARMA INTERNAL AUDITOR NORTH EASTERN REASON COMMUNITY RESOURCE MANAGEMENT SOCIETY KARBI ANGLON Advocate for the Petitioner : MS. M DEKA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM