Nilima Boro and Anr v. The State of Assam and 7 Ors

ORDER Date : 21-11-2024 Page No.# 3/4 Heard Mr. I. Rafique, learned counsel appearing for the writ petitioners. Also heard Ms. M. Bhattacharjee, learned Addl. Sr. Govt. Advocate, Assam appearing for the State. In this writ petition, the petitioners have expressed apprehension that their services may be terminated without following due process of law. It is submitted at the Bar that this writ petition is covered by the order dated 29-10-2024 passed by this Court in W.P.(C) No. 5440/2024. On 29-10-2024, this Court had passed the following order in W.P.(C) No. 5440/2024 which was instituted by similarly situated petitioners, expressing similar apprehension:- "Heard Mr. I. Rafique, learned counsel for the writ petitioners. Also heard Ms. M. Bhattacharjee, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondents. Apprehending termination of their services due to the steps taken by the Department in the light of the order dated 14-07-2014 passed by this Court in W.P.(C) No. 4435/2008, the petitioners are before this Court by filing the instant writ petition, inter alia contending that there is every possibility of termination orders being issued against them without following the due process of law. On 25-10-2024, learned Govt. Advocate, Assam was asked to obtain instruction and apprise this Court, if any, notice of termination had been served upon any of the petitioners. Today, when the matter is called up, Ms. Bhattacharjee, learned Addl. Sr. Govt. Advocate, Assam submits that no final decision has been taken in the matter till today, inasmuch as only a recommendation dated 10-09-2024, from the Inspector General of Police (Admn.) has been received by the Govt. proposing action in the matter in terms of the order dated 14-07-2014 passed by this Court. Therefore, this writ petition is premature. I find from the record that the order dated 14-07-2014 passed by this Court itself requires that any action taken in the matter has to be in accordance with law. Therefore, if any order of termination of service is issued in respect of any of the employees, it is obvious that such an order can be given effect to only after complying with the principles of natural justice, i.e. after serving show cause notice upon such employees. It is apparent from the materials available on record that the said stage is yet to Page No.# 4/4 arrive in the matter. It is also possible that the Govt. may untimely decide not to initiate any action in terms of the letter dated 10-09-2024. Under the circumstances, this Court finds force in the submission of Ms. Bhattacharjee that this writ petition is premature. Therefore, this writ petition stands disposed of by providing that if any adverse action is contemplated against any of the petitioners, they shall be served with prior notice and be given an opportunity to show cause. Writ petition stands closed."

Since the parties are in agreement that the present case is covered by the order dated 29-10-2024 passed by this Court, this writ petition stands disposed of by making the order dated 29-10-2024 applicable in the present case as well.

JUDGE GS Comparing Assistant

PageoNo.#o1/4 GAHC010217472024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5296/2024o NILIMAoBOROoANDoANRo W/O-oDIPMONIoBORDOLOI,oRESIDENToOFoVILLAGE-oMILANPUR,oP.O.-o NAGAON,oP.S.oNAGAONoSADAR,oDISTRICT-oNAGAON,oASSAM,oCONTACTo NO.-o7002155272o(M) 2:oBHANITAoDAS oD/O-oMAHESHoCH.oDAS oRESIDENToOFoVILLAGE-oBATHAN oSRIHATIoHIGHoSCHOOLoCHOWK oP.O.oANDoP.S.oSUWALKUCHI oDISTRICT-oKAMRUP oASSAM oCONTACToNO.-o7002904472o(Mo VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo TOoBEoREPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM,oDEPARTMENToOFoHOMEoANDoPOLITICAL,oASSAMo SECRETARIAT,oDISPUR,oGUWAHATI-o781006,oASSAM 2:SECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPERSONNELoDEPARTMENT oASSAMoSECRETARIAT oDISPUR oGUWAHATI-o781006 oASSAM 3:THEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oDEPARTMENToOFoHOMEoANDoPOLITICAL oASSAMoSECRETARIAT oDISPUR oGUWAHATI-o781006 oASSAM Page No.# 2/4 4:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007 ASSAM 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007 ASSAM 6:THE INSPECTOR GENERAL OF POLICE (ADMN.) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007 ASSAM 7:THE DEPUTY INSPECTOR GENERAL OF POLICE (ADMN.) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007 ASSAM 8:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (CM VIGILANCE) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007 ASSA Advocate for the Petitioner : MS A AFREEN, MRS S A CHOUDHURY,MR I RAFIQUE Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM