Petitioner sought to resume government service. Court allowed resumption subject to document verification and required authorities to inform the petitioner before taking adverse action.
Petitioner allowed to serve as Ward Boy; authorities directed to inform petitioner before taking any adverse action.
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GAHC010017092019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 606/2019
1:SHAHI ZAMAN SK. S/O- LATE SOFOR UDDIN SK, R/O- VILL- BARAIBARI PART-IV, P.O. BARAIBARI, P.S.- GAURIPUR, DIST- DHUBRI, ASSAM, PIN- 783339.
VERSUS
1:THE STATE OF ASSAM AND 8 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36.
3:THE JOINT DIRECTOR OF HEALTH SERVICES DHUBRI P.O.- DHUBRI P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.
4:THE ACCOUNTANT GENERAL ASSAM BELTOLA GUWAHATI-29.
5:THE TREASURY OFFICER DHUBRI P.O.- DHUBRI
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P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.
6:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER I/C GOLOKGANJ BPHC P.O. GOLOKGANJ P.S.- GOLOKGANJ DIST.- DHUBRI ASSAM PIN- 783334.
7:THE DISTRICT MEDICAL BOARD DHUBRI HEADED BY ITS CHAIRMAN THE JOINT DIRECTOR OF HEALTH SERVICES DHUBRI P.O.- DHUBRI P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301. 8:RATAN SHAH DEALING ASSISTANT C/O- THE JOINT DIRECTOR OF HEALTH SERVICES DHUBRI P.O.- DHUBRI P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.
9:SUBHASH KALITA EMPLOYEE IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM. C/O- THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : SC, HEALTH
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BEFORE
HON’BLE MR. JUSTICE N. KOTISWAR SINGH
15.03.2019
Heard Mr. AR Sikdar, learned counsel for the petitioner. Also heard Ms. D Borah, learned Standing Counsel, Health Department for respondent Nos.1, 2, 3, 6 and 7.
Ms. Bora submits that she has received instructions from the authority vide letter dated 12.2.2019. As per the said instructions, the petitioner has been allowed to resume his service. However, the authority would like to make verification of the relevant documents in respect of the petitioner.
In that view of the matter, the present petition stands closed.
The petitioner is allowed to serve as Ward Boy in terms of the earlier appointment order dated 7.7.2018. However, if the authorities have any issue with regard to the appointment of the petitioner, they must inform the petitioner before taking any adverse action.
Copy of the letter dated 12.2.2019 which has been produced today, be kept in the record.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner can resume service pending verification of documents.
Whether the petitioner must be informed before any adverse action is taken regarding his appointment.
SHAHI ZAMAN SK.
STATE OF ASSAM
N. KOTISWAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
