Sanjay Kumar Das v. The State of Assam and 4 Ors

ORDER Date : 26-06-2024 Mr. J.I. Borbhuiya, learned counsel for the petitioner has submitted that during the pendency of this writ petition, there has been a subsequent development. It is submitted that during the pendency of the writ petition, the Appellate authority has issued a communication dated 01.06.2024 to inform the petitioner that the appeal filed against the order passed by the Disciplinary authority was not entertained.

¶2The learned counsel for the petitioner has submitted that the said letter was not communicated to the petitioner but he has come to know about it only when a copy of the said communication was produced before this Court by the standing counsel for the Water Resource Department.

¶3Accordingly, it is submitted that the petitioner may be given liberty to withdraw this writ petition and to challenge the orders passed in the departmental proceeding as well as non-entertaining of the petitioner's appeal.

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¶4Prayer is allowed.

¶5Heard Mr. R.M. Das, learned standing counsel for the Water Resource Department.

¶6Pursuant to order dated 21.06.2024, Harmoti Mondal, Law Officer, Water Resources Department is present. She expresses regret for inadvertently failing to provide a copy of the relevant communication to their learned standing counsel. The Law Officer of the Water Resource Department must be careful while providing instructions to their learned counsel. Her personal appearance is dispensed with.

¶7This writ petition stands closed with liberty to the petitioner as prayed for.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010120442024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3152/2024o SANJAYoKUMARoDASo S/O-oLATEoSIBAoNATHoDAS,oR/O-oCHANDANPUR,oWARDoNO.o8,oBARPETAo ROADoTOWN,oP.O.oBARPETAoROAD,oP.S.oBARPETAoROAD,oDIST.oBARPETA,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oWATERoRESOURCESoDEPARTMENT,oDISPUR,oGUWAHATI-781006. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oWATERoRESOURCESoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oBASISTHAoGUWAHATI-781029 oDIST.oKAMRUP(M) oASSAM 4:THEoSUPERINTENDINGoENGINEER oLOWERoASSAMoCIRCLE oWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATI-781003 oDIST.oKAMRUP(M) oASSAM 5:THEoEXECUTIVEoENGINEER oBONGAIGAONoWATERoRESOURCESoDIVISION Page No.# 2/3 WATER RESOURCES DEPARTMENT BORPARA BONGAIGAON ASSAM PIN- 783380 Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA