Union of India and 3 Ors v. Shri Nabajit Das

ORDER Date : 11-08-2023 (K.R.Surana,J) Heard Mrs. R. Devi, learned CGC appearing for the applicant. This interlocutory application has been filed for issuance of appropriate directions.

¶2The learned CGC has submitted that aggrieved by the order dated 03.01.2023 passed by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati in M.A . No. 48/2022 in O.A. No. 109/2022 with the connected writ petition being WP(C)/3004/2023, was filed.

¶3Accordingly, this Court on consideration of the fact that O.A. No. 109/2022 is in the hearing stage and the next date was fixed on

12.06.2023, the writ petition was disposed of by order dated

29.05.2023, by requesting the Central Administrative Tribunal, Guwahati Bench, Guwahati for finally hearing and to dispose of O.A. No. 109/2022 on the next date fixed for hearing, i.e., on 12.06.2023.

¶4The learned CGC has submitted that on 12.06.2023, without assigning any reason whatsoever, the learned Central Administrative Tribunal, Guwahati Bench, Guwahati had adjourned the matter to

29.08.2023, and thereby violating this Court's order dated

29.05.2023, passed in the connected writ petition, being WP(C)/3004/2023.

¶5The learned CGC has referred to the statement at para 5 of this Page No.# 4/5 interlocutory application to project that the certified copy the order dated 29.05.2023, was submitted before the Registry of the Central Administrative Tribunal, Guwahati Bench, Guwahati ahead of the date of hearing, but the same was not considered.

¶6As the learned CGC has submitted that the certified copy of the order dated 29.05.2023 was submitted before the Central Administrative Tribunal, Guwahati Bench, Guwahati, the adjournment of O.A. No. 109/2022 by an order dated 12.06.2023, merely by stating- "Adjourned to 29.08.2023" ex facie appear to be contemptuous. If the learned Central Administrative Tribunal, Guwahati Bench, Guwahati had any compelling reasons to adjourn the matter, this Court would have appreciated it if some reason was assigned to adjourn the matter. As no reason has been assigned to adjourn the matter to 29.08.2023, despite the order of this Court dated 29.05.2023 in the connected WP(C)/3004/2023, to adjourn the proceeding of O.A. No. 109/2022 on the drop of a hat is not at all appreciated, rather, the order appears to be contemptuous.

¶7Be that as it may, in terms of the order passed on 29.05.2023, passed in WP(C)/ 3004/2023, we once again request the learned Central Administrative Tribunal, Guwahati Bench, Guwahati to hear and dispose of the O.A. No. 109/2022 on 29.08.2023, the date fixed by the order dated 12.06.2023, without adjourning the matter any further.

¶8At this stage, the learned CGC has submitted that the respondent herein was transferred to Almora where there is an urgent requirement of personnel and therefore, the administration in Page No.# 5/5 Sashastra Seema Bal is adversely effected due to lack of personnel at Almora.

¶9We hope and trust that the learned Central Administrative Tribunal, Guwahati Bench, Guwahati shall take into consideration the said submission and hear and dispose the O.A. No. 109/2022 on

29.08.2023 i.e., the date fixed.

¶10The Court is inclined to direct that the office of the Central Administrative Tribunal Guwahati Bench, Guwahati that on receiving a certified copy of this order, the office shall provide an acknowledgement of receipt to the learned CGC.

¶11With the aforesaid observation, the interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010171102023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2273/2023o UNIONoOFoINDIAoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARY,oGOVT.oOFoINDIA,oMINISTRYoOFo HOMEoAFFAIRS,oNEWoDELHI-110001 2:oTHEoDIRECTORoGENERALoSASHASTRAoSEEMAoBAL oEASToBLOCK-V oR.K.oPURAM oNEWoDELHI-110066 3:oTHEoDY.oINSPECTORoGENERALoSASHASTRAoSEEMAoBAL oSECTORoHEADQUARTERSoRANGIA oASSAM-781354 4:oTHEoCOMMANDANTo(PERS.I) oOFFICEoOFoTHEoDIRECTORoGENERALoSASHASTRAoSEEMAoBAL oEASToBLOCK-V oR.K.oPURAMoNEWoDELHI-11006o VERSUSo SHRIoNABAJIToDAS,o S/OoLATEoBHURAMoDAS,oASSISTANToENGINEERoGRADE-I,oOFFICEoOFoDIG,o SECTORoHEADoQUARTER,oSSB,oRANGIA,oASSAM-781354 AdvocateoforotheoPetitionerooooo:oMRS.oRoDEVIo AdvocateoforotheoRespondento:oo Page No.# 2/5 Linked Case : WP(C)/3004/2023 UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-110001 2: THE DIRECTOR GENERAL SASHASTRA SEEMA BAL EAST BLOCK-V R.K. PURAM NEW DELHI-110066 3: THE DY. INSPECTOR GENERAL SASHASTRA SEEMA BAL SECTOR HEADQUARTERS RANGIA ASSAM-781354 4: THE COMMANDANT (PERS.I) OFFICE OF THE DIRECTOR GENERAL SASHASTRA SEEMA BAL EAST BLOCK-V R.K. PURAM NEW DELHI-110066 VERSUS SHRI NABAJIT DAS S/O LATE BHURAM DAS ASSISTANT ENGINEER GRADE-I OFFICE OF DIG SECTOR HEAD QUARTER SSB RANGIA ASSAM-781354 ------------ Advocate for : MRS. R DEVI Advocate for : appearing for SHRI NABAJIT DAS Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE KARDAK ETE