Debabrata Gogoi v. The State of Assam and 5 Ors

ORDER Date : 25/10/2024

Mr. S.Banik, learned counsel for the petitioner has argued that the departmental proceeding initiated against his client has been conducted in violation of the procedural safeguards as well as the principles of natural justice, inasmuch as, his client has not even been allowed to cross examine the witnesses relied upon by the Department to prove the charge brought against the petitioner. Mr. D. Gogoi, learned Standing Counsel, Forest Department, Assam, however, submits that since the departmental proceeding is yet to be concluded, at this stage, it will always be open for the petitioner to agitate his grievance before the authorities. After going through the materials on record and after hearing the submission of learned counsel for the parties, this Court is also of the opinion that at this stage, no interference in the departmental proceeding is called for. The grievance expressed by the petitioner can be raised before the Enquiry Officer. In the event, such grievance is not redressed, in accordance with law, the matter Page No.# 3/3 can always be examined by the Court, as and when the occasion arises. Therefore, by granting liberty to the petitioner to agitate his grievances before the Enquiry Officer, the writ petition stand closed.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010209652024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5396/2024o DEBABRATAoGOGOIo S/OoLATEoPADMESWARoGOGOI,oR/OoSADANANDoAPARTMENT,oBY-LANE-2,o LAKHIMIoPATH,oBELTOLA,oGUWAHATI,oPIN-781028,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oENVIRONMENToANDoFORESTSoDEPARTMENT,o DISPUR,oGUWAHATI,oDIST-KAMRUPo(M),oPIN-781006,oASSAM 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oENVIRONMENToANDoFORESToDEPARTMENT oASSAM oDISPUR oGUWAHATI-6 3:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTSoANDoHEADoOFo FORESToFORCES oASSAM oARANYAoBHAWAN oPANJABARI oGUWAHATI oDIST-oKAMRUPo(M) oPIN-781037 oASSAM 4:ROHINIoBALLAVEoSAIKIA oIFSo(INQUIRYoOFFICER) oDFO oKAMRUPoEASToDIVISION oGUWAHATI Page No.# 2/3 5:JAYANTA KR. NATH ACF (PRESENTING OFFICER) OFFICE OF THE DFO KAMRUP EAST DIVISION GUWAHATI 6:ABDUL KARIM MAZUMDAR S/O LATE M. ALI R/O VILL- HAT BAHAR P.S.-LAKHIPUR DIST- CACHAR ASSA Advocate for the Petitioner : MR. S BANIK, MS F BEGUM Advocate for the Respondent : SC, FOREST, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM