Disposed

Juri Devi Sarma v. the State of Assam and 4 Ors.

Gauhati HC9 Sept 2022WP(C)/3501/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a disciplinary penalty withholding salary increments. As the statutory appeal under Rule 15 of the Assam Services [Discipline and Appeal] Rules, 1964 was still pending before the appellate authority, the Court directed that authority to decide the appeal within three weeks.

What did the court decide?

Directed the appellate authority to dispose of the statutory appeal preferred by the petitioner within three weeks from the date of appearance.

Juri Devi Sarma Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC010117052020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3501/2020

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JURI DEVI SARMA W/O- SRI PRANAB KUMAR SARMA, R/O- H.NO. 16, ALOK PATH, LICHUBARI, P.O. KHANAPARA, IN THE DIST. OF KAMRUP (M), PIN- 781022, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY., REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GHY-06

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2:THE INSPECTOR GENERAL OF REGISTRATION RUPNAGAR GHY-22 3:THE ADDL. DIRECTOR OF LAND RECORDS RUPNAGAR GHY-22 4:THE DISTRICT REGISTRAR KAMRUP (M) GHY-01 5:THE SUB-REGISTRAR PANIKHAITI GHY-2

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Advocate for the Petitioner : MR. U K NAIR

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 09.09.2022

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Heard Mr. M. P. Sarma, learned counsel, appearing on behalf of the petitioner. Also heard Mr. J. Handique, learned standing counsel, Revenue Department, Government of Assam, appearing on behalf of all the respondents.

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By filing this writ petition, the petitioner has challenged the order, dated 27.02.2020 issued by the Inspector General of Registration, Assam, Guwahati, vide Memo. No. IGR/109/enquiry/ 2019/60-A, whereby the penalty of withholding of 3(three) increments, have been imposed on the petitioner under Rule 7(ii) of the Assam Services[Discipline and Appeal] Rules, 1964.

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Though against the aforesaid impugned order, dated 27.02.2020, imposing the penalty of withholding of 3(three) increments of the petitioner; an appeal as provided under Rule 15 of the Assam Services[Discipline and Appeal] Rules, 1964, has been preferred by her on 04.05.2020, but, as the same has not been disposed of by the appellate authority as yet; this writ petition has been filed by the petitioner assailing the impugned order, dated 27.02.2020, issued by the Inspector General of Registration, Assam, Guwahati, vide Memo. No. IGR/109/enquiry/ 2019/60-A.

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By this Court’s order, dated 02.09.2022, Mr. Handique, learned standing counsel, Revenue Department, Government of Assam, was directed to receive instruction as to whether the statutory appeal preferred by the petitioner under Rule 15 of the Assam Services [Discipline and Appeal] Rules, 1964, has been disposed of by the appellate authority or not.

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Pursuant thereto, Mr. Handique, learned standing counsel, Revenue Department, Government of Assam; has informed this Court that the appeal preferred by the petitioner, dated 04.05.2020, has not yet been disposed of by the appellate authority, which information has been intimated to him by the Deputy Secretary to the

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Government of Assam, Revenue(Registration) & Disaster Management Department, Dispur, Guwahati, vide letter, dated 03.09.2022.

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In view of the above and as consented to by the learned counsels for the parties; this writ petition is hereby disposed of by directing the respondent No. 1/Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department, Dispur, Guwahati, who is the appellate authority, under Rule 15 of the Assam Services[Discipline and Appeal] Rules, 1964; to dispose of the appeal preferred by the petitioner, dated 04.05.2020, in accordance with law, within a period of 3(three) weeks from the date of appearance of the parties.

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To enable the appellate authority to dispose of the petitioner’s appeal, dated 04.05.2022, within the time-frame stipulated, herein; the parties to the appeal shall appear before the appellate authority on 22^nd of September, 2022, along with a certified copy of the order passed by the Court today in this writ petition.

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The writ petition stands disposed of, in terms above.

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JUDGE

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Juri Devi Sarma v. the State of Assam and 4 Ors.

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Juri Devi Sarma v. the State of Assam and 4 Ors.

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