Kalpana Mazumdar v. The Assam Khadi and Village Industries Board and 6 Ors

ORDER Date : 08.05.2024 Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. P.K. Munir, learned standing counsel for the respondents.

¶2At the outset, the learned standing counsel for the respondents has produced a copy of office order bearing no. KB(L) 367/2023-24/116, dated

06.05.2024, issued by the Chief Executive Officer, Assam Khadi & Village Industries Board, by which, in supersession of the earlier office order dated

04.04.2024, the dismissal order issued to the petitioner Smti. Kalpana Mazumdar, UDA (under suspension) of the Assam Khadi & Village Industries Board vide order dated 08.12.2023 has been withdrawn to start the department proceeding afresh.

¶3The learned standing counsel for the respondents has submitted that as per instructions received by him, the respondents intend to proceed with the Page No.# 3/3 departmental proceeding/enquiry proceeding by issuing a fresh show-cause notice and they propose not to act on the show-cause notice dated 03.08.2023.

¶4The learned counsel for the petitioner submits that by filing WP(C) 19/2024, the petitioner has challenged the show-cause notice issued to her in connection with the enquiry proceedings initiated against her. He submits that as there is no clarity in the office order dated 06.05.2024 as to whether the departmental proceeding will proceed afresh from the stage of the previous show-cause notice, he submits that the closure of this writ petition would not have any adverse affect against the petitioner in the said writ petition.

¶5In view of the subsequent development arising out of office order dated 06.05.2024 referred above, this proceeding is closed, however, with a direction that the arrear subsistence allowance and/or arrear salary whatever is due to the petitioner shall be released to her within a period of 3 (three) months. Moreover, the withdrawal of this writ petition shall not cause any prejudice to the petitioner in the proceedings of WP(C) 19/2024.

¶6The office order produced by the learned standing counsel for the respondents is kept as a part of record.

¶7Accordingly, the matter stands closed in view of subsequent development.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010254772023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6513/2023o KALPANAoMAZUMDARo W/OoLATEoPURANDARoDEKA,oR/OoNEARoKAILASHoMANDIR,o2oNOo KHARGHULI,oBONDA,oNARENGI,oGUWAHATI-781026 VERSUSo THEoASSAMoKHADIoANDoVILLAGEoINDUSTRIESoBOARDoANDo6oORSo REPRESENTEDoBYoITSoCHAIRMAN,oCHANDMARI,oKAMRUPo(M),oASSAM,o PIN-781003 2:THEoCHIEFoEXECUTIVEoOFFICER oASSAMoKHADIoANDoVILLAGEoINDUSTRIESoBOARD oCHANDMARI oKAMRUPo(M) oASSAM oPIN-781003 3:THEoREGISTRAR oASSAMoKHADIoANDoVILLAGEoINDUSTRIESoBOARD oCHANDMARI oGUWAHATI-781003 4:THEoDISTRICToOFFICERoANDoINoCHARGEoMARKETING oASSAMoKHADIoANDoVILLAGEoINDUSTRIESoBOARD oGUWAHATI oASSAM oPIN-781003 5:THEoSUPERINTENDENToCUMoINoCHARGEoESTABLISHMENToBRANCH oASSAMoKHADIoANDoVILLAGEoINDUSTRIESoBOARD oGUWAHATI oASSAM Page No.# 2/3 PIN-781003 6:BABUL LEKAHRU ACS THE CHIEF EXECUTIVE OFFICER ASSAM KHADI AND VILLAGE INDUSTRIES BOARD GUWAHATI-781003 7:HEM KANTA MEDHI ENQUIRY OFFICER ASSAM KHADI AND VILLAGE INDUSTRIES BOARD GUWAHATI-78100 Advocate for the Petitioner : MR. R MAZUMDAR Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA