Jugal Baruah v. The State of Assam and 6 Ors

ORDER

18.12.2023 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. D. P. Borah, learned Standing Counsel, Health Department, Assam appearing for the respondent Nos.1 and 3 to 7 and Ms. A. Talukdar, learned Govt. Advocate, Assam appearing for the respondent No.2. I have perused the averments made in the writ petition. The petitioner herein was serving as Inspector of Drugs and was posted at Dhemaji. Being aggrieved by the order of penalty dated 12.09.2023 by means of which penalty of compulsory retirement from service was imposed upon the petitioner, the instant writ petition has been filed inter-alia contending that the departmental proceedings initiated against the petitioner was conducted in utter violation of the procedural norms as well as the principles of natural justice and administrative fair play, thus having a vitiating affect on the order of penalty itself. Mr. D. P. Borah, learned departmental counsel has pointed out that the petitioner has also preferred a statutory appeal against the impugned order dated 12.09.2023 and the same is pending disposal. Mr. Borah further submits that having regard to the grounds taken in this writ petition, a direction be issued to dispose of the statutory appeal in a time bound manner before the writ petition can be entertained on merit. After hearing the submissions of the learned counsel for both the sides and on going through the materials available on record, I am also of the view that the appellate authority must be directed to consider the appeal preferred by the writ petitioner on merit and dispose of the same with a reasoned order. As such, without expressing any opinion on the merit of the claims and counter-claims of Page No.# 4/4 the parties, this writ petition stands disposed of at the stage of motion hearing by providing that the statutory appeal preferred by the petitioner, which is pending disposal before the Chief Secretary to the Government of Assam i.e. the respondent No.2 herein, be heard and disposed of by a reasoned order, as expeditiously as possible but not later than 90 days from the date of receipt of a certified copy of this order. If the petitioner continues to remain aggrieved in the matter even thereafter, it would be open for him to approach this Court once again by filing a fresh writ petition. With the above observations, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010285572023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7334/2023o JUGALoBARUAHo S/OoLATEoRADHIKAoBARUAHo INSPECTORoOFoDRUGS,o O/OoJOINToDIRECTORoOFoHEALTHoSERVICES,oDHEMAJI,o R/OoHOUSEoNO.o06,oDGMoOFFICEoROAD,o2NDoBYEoLANE,oSEUJPUR,o KAHILIPARA,oDAKHINGAON,oGUWAHATI,oKAMRUPo(M),oASSAM,oPIN- 781019 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oDEPARTMENToOFoHEALTHoANDoFAMILYoWELFAREoASSAMo CIVILoSECRETARIAT,oJANATAoBHAWAN,oDISPUR,oGUWAHATI,oASSAM,oPIN- 781006 2:THEoCHIEFoSECRETARYoTOoTHEoGOVT.OFoASSAM oCIVILoSECRETARIAT oBLOCKo-C oDISPUR oGUWAHATI oASSAM oPIN-781006 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoHEALTHoANDoFAMILYoWELFAREoASSAMoCIVILo SECRETARIAT oJANATAoBHAWAN oDISPUR oGUWAHATI oASSAM Page No.# 2/4 PIN-781006. 4:THE COMMISSIONER OF FOOD SAFETY AND DRUGS ADMINISTRATION ASSAM DEPARTMENT OF HEALTH AND FAMILY WELFARE ASSAM SACHIBALAYA DISPUR GUWAHATI ASSAM PIN-781006 5:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI ASSAM PIN-781036 6:THE DRUGS CONTROLLER ASSAM O/O THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI ASSAM PIN-781035 7:THE JOINT DIRECTOR OF HEALTH SERVICES ASSAM DHEMAJI ASSAM PIN-78500 Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM Page No.# 3/4