Karyom Noshi and Anr v. The State of Ap and 2 Ors

ORDER Date : 14-07-2023

¶1Heard Mr. B. Taipodia, learned counsel for the petitioners. Also heard Ms. P. Pangu, learned Junior Government Advocate for the State respondents.

¶2None appears for the respondent no. 3 though a counter-affidavit on behalf of the respondent no. 3 has been filed through Mr. I. Riram, learned Additional Senior Government Advocate.

¶3Mr. Taipodia, learned counsel for the petitioners has prayed for 2 (two) weeks time to file rejoinder-affidavit to the counter-affidavit filed by the respondents.

¶4However, on perusal of the Office notes, it appears that the learned counsel appearing for the petitioners had taken time on as many as 6 (six) occasions to file re-joinder affidavit to the counter-affidavit filed by the respondents.

¶5This writ petition is directed against the order dated 15.07.2020, issued by the Deputy Commissioner, West Siang District, Aalo, vide No. WS/ADM-48/1996-2020/, whereby, the petitioners who are the Gaon Buras of Kambu village under Kamba circle have been dismissed from the post of Gaon Bura on the ground inter-alia that both the petitioners as Gaon Buras are not discharging their duties as village authority by ignoring and disobeying the orders and directions of the village Head Gaon Bura, Kambu Lune Bane authorities and the local Administrative officers. Page No.# 3/5

¶6Assailing the impugned order dated 15.07.2020, issued by the Deputy Commissioner, Aalo, whereby, the petitioners have been dismissed from the position of Gaon Buras, the petitioners have stated in paragraph-17 of the writ petition that the impugned dismissal order, dated 15.07.2020 has been issued by the Deputy Commissioner, Aalo, without issuing notice to the petitioners and thus, in violation of the principle of natural justice. Accordingly, the petitioners contend that the impugned order of dismissal, dated 15.07.2020, cannot be sustained and the same should be set aside and quashed, on the ground that the same has been issued behind the back of the petitioners without affording a reasonable opportunity to defend themselves and thus, violating the principle of natural justice.

¶7The respondent nos. 2 & 3, the Deputy Commissioner-cum-Disciplinary Authority, Aalo, West Siang District and the Extra-Assistant Commissioner (Judicial)-cum-Enquiry Officer, Aalo, West Siang District, have filed their counter-affidavits.

¶8In the counter-affidavit filed by the respondent no. 2, the Deputy Commissioner, West Siang District, Aalo, in response to the averments made by the petitioners in paragraph-17 of the writ petition, it has been stated in paragraph-14, as under: "…14. That with regards to the statement made in paragraph-17 of the writ petition, the answering respondent as already stated above the HGB (Head Village Authority) and Gaun Burah (Village Authority) falls and govern by the Assam Frontier (District Administration) and regulation Act 1945 which is not a departmental enquiry and the Act does not falls under Central Civil service rule. Further it is pertinent to mention herein that the termination of both the GBs not only made from the complaint from Shri Mormi Ninu but with correspondence from the Addl. Deputy Commissioner, Kamba, report from Circle Officer, Kamba, and Inquiry Page No.# 4/5 report submitted by the Inquiry Officer as appointed by me and by going through all the records of complaint and meetings for their dismissal. The termination of both the GBs (Village authority) has not violated the any course of law and principle of Natural Justice."

¶9The respondent no. 3, the Extra-Assistant Commissioner (Judicial)-cum-Enquiry Officer, Aalo, in the counter-affidavit filed, in response to the averments made by the petitioners in paragraph-17 of the writ petition, has stated in paragraph-7 of the counter-affidavit of the respondent no. 3, as under: "…7. That with regard to the statement made in paragraph17 of the writ petition, the answering respondent begs to state that stated and submit that whether the HGBs and GBs are appointed by the Deputy Commissioner and the HGBs and GBs does not fall under the ambit of CCS rule. So, presence and appointment of presenting officer is not necessary as suggested by the competent authority. Further, the Deputy Commissioner is the appropriate authority to answer all this issue."

¶10On perusal of the response filed by the respondent nos. 2 & 3 in their counter-affidavits, to the averments made by the petitioners in paragraph-17 of the writ petition that the impugned dismissal order dated 15.07.2020, was issued without issuing notice to the petitioners, have neither been disputed by the respondent nos. 2 & 3 nor the respondent nos. 2 & 3 in their counter-affidavits filed, have indicated that before the impugned dismissal order dated 15.07.2020 was passed by the Deputy Commissioner, West Siang District, Aalo; the petitioners were given opportunity of hearing on the proposed order of dismissal dated 15.07.2020.

¶11In view of the above, it is thus an admitted position that the impugned order of dismissal dated 15.07.2020 was passed by the Deputy Commissioner, West Siang District, Aalo, dismissing the petitioners from the postion of Gaon Buras without affording an opportunity to the petitioners to Page No.# 5/5 defend themselves and thus, in violation of the principle of natural justice. Accordingly, the impugned order of dismissal dated 15.07.2020, passed by the Deputy Commissioner, West Siang District, Aalo, cannot be sustained in law.

¶12Accordingly, the impugned dismissal order, dated 15.07.2020, issued by the Deputy Commissioner, West Siang District, Aalo, vide No. WS/ADM-48/1996-2020/, whereby, the petitioners have been dismissed from the postion of Gaon Buras, is hereby set aside and quashed, with a liberty granted to the respondent authorities to initiate action against the petitioners, in accordance with Rules by following the principle of natural justice, if the respondent authorities are of the view that the petitioners are liable for any action for the conduct of the petitioners in the capacity of Gaon Buras.

¶13The writ petition is allowed to the extent indicated above and disposed of with the above measures. JUDGE Comparing Assistant

Page No.# 1/5 GAHC040005782020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/217/2020 Karyom Noshi and Anr. S/O LT. LOMKAR NOSHI, PERMANENT RESIDENT OF VILLAGE KAMBU, PO/PS KAMBA, WEST SIANG DISTRICT, AP. 2: HOGLI NOSHI Age: Occupation VERSUS THE STATE OF AP AND 2 ORS. REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION, GOVT. OF AP, ITANAGAR. 2:THE DEPUTY COMMISSIONER CUM-DISCIPLINARY AUTHORITY Age: 0 Occupation : 3:HENKIR LOLLEN Age: 0 Occupation Advocate for the Petitioner : Rintu Saikia Advocate for the Respondent : GA (AP) Page No.# 2/5 BEFORE HONBLE MR. JUSTICE NANI TAGIA