Utpal Kemprai v. The State of Assam and 3 Ors

ORDER

06.09.2024

Heard Mr. P.P. Borthakur, learned counsel for the petitioner who submits that the grievance of the petitioner is that he had been kept in a prolonged suspension since 30.05.2023. He submits that the petitioner is a Lat Mandal under the Circle Officer, Hajo Revenue Circle, Kamrup, Assam. Although the petitioner does not have the documents but it appears that the authority concerned had extended the suspension on two (2) occasions i.e., 06.01.2024 and on 30.03.2024. At this stage, Mr. C.S. Hazarika, learned State Counsel appearing for the respondent Nos. 2 & 4 submtis that under Rule 14 of the Assam Services (Discipline & Appeal) Rules, 1964 an appeal against an order of suspension can be preferred before the immediate superior authority than the authority who had issued the suspension order. He submits that the petitioner apparently appears to have not exhausted his remedy. Mr. S. Dutta, learned State Counsel appears for the respondent Nos. 1 & 3. Considering the issue involved and in view of the provision available for filing an appeal, the writ petition is disposed of with a direction that the petitioner shall Page No.# 3/3 approach the Director of Land Record & Surveys, Assam (respondent No. 3) by way of an appeal within seven (7) days from today and in the event of the petitioner filing such appeal, the respondent No. 3 shall consider the appeal and pass appropriate orders in accordance with law. The appellate authority shall also look into the claim of the petitioner for releasing subsistence allowance for the period claimed for and ensure releasing of the same, if the same has not been done. With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010180282024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4487/2024o UTPALoKEMPRAIo S/O-oBOROLALoKEMPRAI,oR/O-oVILL.-oDAMADI,oP.O.oANDoP.S.oMAIBONG,o DIST.oDIMAoHASAO,oASSAMoANDoPRESENTLYoRESIDINGoAToC/O-oMR.o KANAKoDAS,oHOUSEoNO.o133,oVILL.-oHAJOoPATANI,oP.S.oHAJO,oDIST.o KAMRUP(R),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,oDISPUR, PIN-o781006,oASSAM 2:THEoDEPUTYoCOMMISSIONER oOFFICEoOFoTHEoDEPUTYoCOMMISSIONERoKAMRUP oAMINGAON oPIN-o781031 oDIST.oKAMRUP oASSAM 3:THEoDIRECTORoOFoLANDoRECORDoANDoSURVEYSoETC. oASSAM oRUPNAGAR oGUWAHATI-781032 oDIST.oKAMRUP(M) oASSAM 4:THEoCIRCLEoOFFICER oHAJOoREVENUEoCIRCLE oDIST.oKAMRUP oASSAo Page No.# 2/3 Advocate for the Petitioner : MR. P P BORTHAKUR, MS IVY HUSSAIN,MR. T KALITA Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE NELSON SAILO