The High Court dismissed an application for early hearing as the case was not ready for hearing due to the non-filing of a counter affidavit. The order addresses a service dispute involving the petitioner's dismissal.
Application for early hearing is found to be unmerited and dismissed.
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GAHC010052212018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 891/2018
1:LALIMIYA CHOUDHURY
S/O. LT. MANIRUDDIN CHOUDHURY, R/O. VILL. and P.O. BADRIPAR, P.S. SILCHAR, PIN-788009, DIST. CACHAR, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GUWAHATI-6, ASSAM.
Advocate for the Petitioner : MR. R PHUKAN
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C) 5008/2017
1:LALIMIYA CHOUDHURY S/O. LT. MANIRUDDIN CHOUDHURY R/O. VILL. and P.O. BADRIPAR P.S. SILCHAR PIN-788009 DIST. CACHAR ASSAM.
VERSUS
1:THE STATE OF ASSAM and 5 ORS REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-6.
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ASSAM ASSAM POLICE HEADQUARTERS B.K. KAKATI ROAD ULUBARI GUWAHATI-781007. 3:ASSTT. INSPECTOR GENERAL OF POLICE A ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-7. 4:COMMISSIONER OF POLICE GUWAHATI ASSAM. 5:JOINT COMMISSIONER OF POLICE GUWAHATI ASSAM. 6:DY. COMMISSIONER OF POLICE ADMIN. GUWAHATI ASSAM.
Advocate for the Petitioner : MR.R BORAH Advocate for the Respondent :
BEFORE
HON’BLE MR. JUSTICE HRISHIKESH ROY
O R D E R
02-04-2018.
The petitioner is a former Armed Branch constable and was dismissed from service on 17.1.2017 (Annexure-7 of the writ petition), on charge of serious misconduct and gross dereliction of duties.
As counter affidavit is not yet filed in this case, it is obvious that the case is not ready for hearing. Therefore, this application for early hearing is found to be unmerited and the same is accordingly dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the application for early hearing should be allowed as a counter affidavit has not been filed.
Lalimiya Choudhury
The State of Assam
Hrishikesh Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
