Intra-court appeal against a Single Judge's order granting liberty to reply to an enquiry report while foreclosing the claim that the Presenting Officer doubled as Enquiry Officer. Perusing the departmental record, the bench found no Presenting Officer was ever appointed, so no such combined role arose, and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010003852023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/7/2023
HABIZUR RAHMAN LASKAR S/O. LT. NASIB ALI LASKAR, VILL. TUPKHANA, P.O. ARUNACHAL, P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN-788025.
VERSUS
THE STATE OF ASSM AND 5 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL (B) DEPTT., DISPUR, GUWAHATI-06.
2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-07. 3:THE INSPECTOR GENERAL OF POLICE ULUBARI GUWAHATI-07. 4:THE DEPUTY INSPECTOR GENERAL OF POLICE C.R. DIPHU KARBI ANGLONG ASSAM PIN-782460. 5:THE SUPDT. OF POLICE CUM DISCIPLINARY AUTHORITY DIPHU KARBI ANGLONG ASSAM PIN-782460. 6:THE DY. SUPDT. OF POLICE (P) 23RD AP(P) BN. CUM ENQUIRY OFFICER
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DIPHU KARBI ANGLONG ASSAM PIN-782460
For the Appellants : Mr. S. Nath, Advocate For the Respondents : Mr. D.K. Sarmah, Addl. Sr. GA, Assam Ms. S. Konwar, JR. GA, Assam
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM
JUDGMENT & ORDER (ORAL)
Date : 04-04-2024
(Vijay Bishnoi, CJ)
This intra-court appeal is filed by the appellant being aggrieved with the order dated 12-12-2022 whereby the learned Single Judge while disposing of the writ petition filed by the petitioner has granted liberty to the petitioner to give reply to the Enquiry Report with a further direction to the Disciplinary Authority to pass its own reasoned order. Simultaneously, the learned Single Judge has refused to interfere the order dated 11-12-2014 impugned in the writ petition, whereby the appellant was compulsorily retire from service after a departmental enquiry.
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This intra-court appeal is dismissed.
The original record of the Departmental Proceedings be returned back to the learned counsel for the State of Assam
JUDGE CHIEF JUSTICE
GS
Comparing Assistant
2 issues framed by the court
Whether the Single Judge could foreclose the appellant's ground that the Presenting Officer also acted as Enquiry Officer in the disciplinary proceeding.
Whether the compulsory retirement order warranted interference when the record showed no Presenting Officer was ever appointed.
Habizur Rahman Laskar
The State of Assam
The Director General of Police
The Inspector General of Police
The Deputy Inspector General of Police C.R., Diphu
The Supdt. of Police cum Disciplinary Authority, Diphu
Vijay Bishnoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
