Biswajit Dey v. The State of Assam and 4 Ors

ORDER Date : 25-09-2024 Heard Mr. P.K. Deka, learned counsel for the writ petitioner. Also heard Mr. P. Handique, learned standing counsel, P&RD Department, Assam. The writ petitioner herein, who was serving as Secretary in the Didarkush Gaon Panchayat under Palonghat Development Block and Cachar Zila Parishad, was placed under suspension vide order dated 25-02-2024. Since the order of suspension was not Page No.# 3/4 reviewed despite the lapse of 90 days, the petitioner had approached this Court earlier by filing W.P.(C) No. 1668/2024 which was disposed of by this Court vide order dated 26-07-2024 directing the authorities to reinstate the petitioner by taking note of the prolonged suspension of employees without initiation of departmental proceeding which was found to be not justified in the eyes of law. Despite the order dated 26-07-2024, since no order of reinstatement was issued, the petitioner has once again approached this Court, for the second time, by filing W.P.(C) No. 4796/2024 wherein this Court had passed order dated 20-09-2024 requiring the learned departmental counsel to obtain instruction. Today, when the matter is called up, Mr. Handique, learned standing counsel, P&RD Department, Assam has produced copy of the notification dated 24-09-2024 issued by the Commissioner, P&RD, Assam under memo No. CPRD/LC/06/2024/65, a perusal of which goes to show that the petitioner has been reinstated in service. Pursuant to such reinstatement, the petitioner has been transferred and posted as Gaon Panchayat Secretary of Algapur Gaon Panchayat in the Algapur Development Block coming under the Hailakandi Zilla Parishad, with immediate effect. If that be so, the relief sought for in this writ petition has already been granted to the writ petitioner by the departmental authorities. Under the circumstances, this Court does not find any justifiable ground to keep this writ petition pending any further. By retaining a copy the order dated 24-09-2024 with the record of this case, this writ petition is, therefore, closed.

JUDGE Page No.# 4/4 GS Comparing Assistant

PageoNo.#o1/4 GAHC010191262024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4796/2024o BISWAJIToDEYo S/O-oLATEoBIRENDRAoCHANDRAoDEY,o R/O-oSARAToPALLYoLANEoNO.o3/9,o SONAIoROAD,oUTTARoKRISHNAPURoPT-II,o DISTRICT-oCACHAR,oASSAM,o PIN-o784001. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o JURIPAR,oPANJABARI,oGUWAHATI,oASSAM,o PIN-o781037. 2:THEoDISTRICToCOMMISSIONER oCACHAR oSILCHAR oOFFICEoOFoTHEoDISTRICToCOMMISSIONER oCACHAR oSILCHAR o PIN-o788001. 3:THEoCHIEFoEXECUTIVEoOFFICER oZILLAoPARISHAD oCACHAR oOFFICEoOFoTHEoCHIEFoEXECUTIVEoOFFICER oCACHAR oSILCHAR o Page No.# 2/4 PIN- 4:THE DISTRICT DEVELOPMENT COMMISSIONER CACHAR SILCHAR OFFICE OF THE DISTRICT DEVELOPMENT COMMISSIONER CACHAR SILCHAR ASSAM PIN- 5:THE BLOCK DEVELOPMENT OFFICER PALONGHAT OFFICE OF THE BLOCK DEVELOPMENT OFFICER PALONGHAT DEVELOPMENT BLOCK CACHAR ASSAM PIN Advocate for the Petitioner : MR. I H LASKAR, MR. R. KARIM,MS. N M LONGKENG,MR. P DAIMARY,MR. P K DEKA Advocate for the Respondent : SC, P AND R.D., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM