Dismissed

Debojit Dutta v. the State of Assam and 5 Ors.

Gauhati HC2 Mar 2022WP(C)/418/2022

Case brief

AI extract

What is this about?

Debojit Dutta filed a writ petition seeking direction to the Forest Department to dispose of his application for re-joining as a Constable after taking unauthorized leave. The court settled on which officer to handle the representation and directed the disposal within six weeks before disposing of the petition. The judgment is a simple order settling jurisdiction and timeline.

What did the court decide?

Direction to Respondent No. 4 to dispose of the petitioner's representation dated 26.04.2021 by a speaking order within six weeks.

Debojit Dutta Vs the State of Assam and 5 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC010009262022

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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)/418/2022

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DEBOJIT DUTTA SON OF AMALESH DUTTA

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R/O SILCHAR SHIV COLONY, P.O. RANGIRKHARI, P.S. SILCHAR, DIST. CACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FOREST AND ENVIRONMENT DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM

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FOREST AND ENVIRONMENT DEPARTMENT DISPUR GUWAHATI-6.

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3:THE PRINCIPAL CHEF CONSERVATOR OF FOREST

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SOCIAL FORESTRY ASSAM BASISTHA GUWAHATI-29. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI-37.

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5:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST AND

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HEAD OF FOREST FORCE

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ASSAM ARANYA BHAWAN PANJABARI GUWAHATI-37. 6:THE COMMANDANT 2ND ASSAM FOREST PROTECTION FORCE SECONEE JAKHALABANDHA NAGAON ASSAM PIN-78213

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Advocate for the Petitioner : MR. B HUSSAIN

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Advocate for the Respondent : SC, FOREST

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 02-03-2022

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Heard Mr. R.S. Chauhan, learned counsel for the petitioner and Mr. R.R. Gogoi, learned counsel for the Forest Department.

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2. The petitioner’s case is that he was appointed as a Constable in the 2^nd Assam Forest Protection Force (AFPF) on 08.02.2011. However, due to the petitioner’s father having heart problem, the petitioner took un-authorized leave w.e.f. 09.07.2015. The petitioner did not make any application for grant of leave and instead filed an application on 26.04.2021, asking the respondent authorities to allow him to re-join his post as Constable of AFPF.

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3. The petitioner’s counsel submits that the petitioner’s father died on 17.02.2015 due to a massive heart attack. Thereafter, as his mother was under

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mental shock and had various illnesses, the petitioner continued to avail of unauthorized leave to look after his mother.

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4. The petitioner’s counsel submits that though the petitioner’s mother is still alive as on date, the petitioner made an application on 26.04.2021 to allow him to re-join his post. He submits that the petitioner’s application dated 26.04.2021 has not been considered by the respondent authorities till date. He prays that a direction may be issued to the respondent No. 6 to take a decision on the petitioner’s representation, within a specified time period.

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5. Mr. R.R. Gogoi, learned counsel for the Forest Department submits that he has got no objection to the prayer made by the petitioner’s counsel. However, the petitioner’s representation dated 26.04.2021 should be disposed of by the respondent No. 4 and not by the respondent No. 6.

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6. The petitioner’s counsel does not object to the above proposal.

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7. In view of the consensus arrived at by the learned counsels for the parties, the respondent No. 4 is directed to dispose of the petitioner’s representation dated 26.04.2021 by way of a speaking order, within a period of 6 (six) weeks from the date of receipt of a certified copy of this order, alongwith a copy of the writ petition.

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8. The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Debojit Dutta v. the State of Assam and 5 Ors.

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Debojit Dutta v. the State of Assam and 5 Ors.

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