Udesh Majhi v. The State of Assam and 2 Ors

ORDER Date : 27-06-2024

Heard Mr. N. Hasan, learned counsel for the petitioner as well as Mr. D. Bora, learned Government Advocate, Assam, appearing for all the respondents. It appears that the petitioner has not availed of the appellate remedy available under the provisions of the Assam Services (Discipline and Appeal) Rules, 1964, for which this Court is disinclined to entertain the writ petition. At this stage, the learned counsel for the petitioner seeks to withdraw this petition with liberty to approach the Appellate Authority. Prayer is allowed. Matter stands dismissed on withdrawal with liberty, as prayed for. Taken note of the projection made by the learned counsel for the petitioner that the petitioner was in jail and he was released on bail only on 11.10.2023 and in the meantime he has approached this Court against the order of his dismissal from service. The learned counsel for the petitioner submits that by the time appeal is filed, there may be some delay. On prima facie the delay being explained, the Appellate Authority is requested not to dismiss the appeal on the ground of the delay. The petitioner shall produce a certified copy of this order before the Appellate Authority.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010129662024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3311/2024o UDESHoMAJHIo S/OoLATEoDHANESHWARoMAJHI,o RESIDENToOFoMATHURAPUR,oMILANoNAGAR,oPSoMATHURAPUR,oDISTo CHARAIDEO,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAMoHOMEoDEPARTMENT,oDISPURoGUWAHATIo781006 2:THEoCOMMANDANT oASSAMoINDUSTRIALoSECURITYoFORCEoBNoII oCHABUA oDIBRUGARH oASSAM 3:THEoCOMMANDANT o4THoASSAMoSPECIALoRESERVEoFORCEo(AISF-II)oBELTOLA oGUWAHATIo78102o AdvocateoforotheoPetitionerooooo:oMR.oNoHASANo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA