Dhanjit Das v. The State of Assam and 3 Ors

ORDER Date : 22-09-2023 Heard Mr. M Mahanta, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned counsel for the PWD.

¶2The petitioner has prayed for a direction to be issued to the respondent No. 2, to dispose of the petitioner's statutory appeal dated 20.01.2021, challenging the order of dismissal of the petitioner from service dated

28.12.2012.

¶3The brief facts of the case is that the petitioner, who was working as an LDA in the office of the Executive Engineer, PWD, Barpeta Rural Roads Division was dismissed from service vide order dated 28.12.2012. The petitioner challenged the same vide WP(C) No. 6632/2013.

¶4WP(C) No. 6632/2013 was disposed of vide order dated 30.10.2018, by directing the respondent No. 2, who was the appellate authority to consider and dispose of the petitioner's appeal dated 07.01.2013 challenging the dismissal order.

¶5As the order dated 30.10.2018, passed in WP(C) No. 6632/2013 was not being complied with, the petitioner filed Contempt Case (C) No. 652/2019. During the pendency of the contempt case, the respondent No. 2 issued the order dated 06.12.2019, wherein it was stated that the appeal filed by the petitioner was not a formal appeal. However, if the petitioner filed a formal appeal, the Department may consider the appeal. In view of the above, the Page No.# 3/3 contempt case was closed vide order dated 07.01.2021, by granting leave to the petitioner to prefer a statutory appeal in accordance with law.

¶6The petitioner thereafter submitted an appeal in terms of the order dated

06.12.2019 passed by the respondent No. 2 and the order dated 07.01.2021 passed in Contempt Case (C) No. 652/2019. The appeal was filed on

20.01.2021. The grievance of the petitioner is that the same has not been disposed of by the appellate authority till date. He submits that the present writ petition can be disposed of, if the appellate authority disposes of the petitioner's appeal dated 20.01.2021 within a specified time period.

¶7Mr. B Gogoi, learned counsel for the PWD submits that he has got no objection to the prayer made by the petitioner's counsel.

¶8In view of the consent of the parties, this writ petition is disposed of, with a direction to the appellate authority to dispose of the petitioner's appeal dated 20.01.2021, within a period of one month from the date of receipt of a certified copy of this order.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010134892023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3604/2023 DHANJIT DAS S/O LATE KAMALA KANTA DAS, R/O VILL-GALIAHATI, P.S.-BARPETA, P.S.- BARPETA, DIST-BARPETA, ASSAM, PIN-781301 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS DEPARTMENT DISPUR GUWAHATI-781006 3:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT ASSAM CHANDMARI GUWAHATI-781003 4:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT BARPETA RURAL ROADS DIVISION DIST-BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. M MAHANTA Advocate for the Respondent : SC, PWD Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA