Writ petition challenging termination of appointment rendered infructuous as authorities served show-cause notice after prior interim stay.
Writ petition stood dismissed on being infructuous.
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GAHC010036242022
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/247/2022
SOURAV DEKA AND 2 ORS S/O SRI RABINDRA NARAYAN DEKA RESIDENT OF VILLAGE AND PO KAKAYA DIST NALBARI ASSAM 781304
2: BABU SEKHAR DAS
S/O BHAGIRATH DAS RESIDENT OF VILLAGE AND PO GAURIPUR DIST DHUBRI ASSAM 783331
3: HAREN KR. WARY S/O BANESWR WARY RESIDENT OF VILLAGE AMINGAON CHARIALI PO AMINGAON DIST KAMRUP ASSAM 781031 VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI 06
2:THE ASSAM FISHERY DEVELOPMENT CORPORATION CACHAL CACHAL VIP ROAD
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GUWAHATI 781036 REPRESENTED BY THE MANAGING DIRECTOR
3:THE MANAGING DIRECTOR
THE ASSAM FISHERY DEVELOPMENT CORPORATION CACHAL VIP ROAD GUWAHATI 781036 -----------Advocate for : MR. N J KHATANIAR Advocate for : SC AFDC appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : I.A.(Civil)/272/2022
THE ASSAM FISHERY DEVELOPMENT CORPORATION CACHAL CACHAL VIP ROAD GUWAHATI 781036 REPRESENTED BY THE MANAGING DIRECTOR
VERSUS SOURAV DEKA AND 2 ORS S/O SRI RABINDRA NARAYAN DEKA RESIDENT OF VILLAGE AND PO KAKAYA DIST NALBARI ASSAM 781304 2:BABU SEKHAR DAS S/O BHAGIRATH DAS RESIDENT OF VILLAGE AND PO GAURIPUR DIST DHUBRI ASSAM 783331
3:HAREN KUMAR WARY S/O BANESWR WARY RESIDENT OF VILLAGE AMINGAON CHARIALI
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PO AMINGAON
DIST KAMRUP ASSAM 781031
-----------Advocate for : MR P SHARMAH Advocate for : MR. N J KHATANIAR appearing for SOURAV DEKA AND 2 ORS
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
27.11.2024
Heard Mr. N.J. Khataniar, learned counsel for the petitioners. Also heard Mr. J.K. Goswami, learned Addl. Senior Government Advocate for the State respondents.
Mr. N.J. Khataniar, learned counsel for the petitioners submits that this writ petition has been filed apprehending that the petitioners’ appointment would be terminated by the respondents without following the due process of law.
Pertinent that this Court on 19.01.2022 while issuing notice, in the interim, provided that no action to terminate the services of the petitioners shall be initiated by the Co-operation, without serving prior show cause notice upon them and without affording an opportunity of being heard in the matter.
Mr. N.J. Khataniar, learned counsel for the petitioners submits that during the pendency of the present writ petition, the authorities have served show cause notice to the petitioners and accordingly submits that after issuance of such show cause notice, the selection of the petitioners have also been terminated, which is under challenge in WP(C) No. 5534/2022.
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In view of the aforesaid endorsement made by the learned counsel appearing for the petitioners, the writ petition has become infructuous and accordingly, the writ petition stands dismissed, on being infructuous.
JUDGE
Comparing Assistant
SOURAV DEKA AND 2 ORS.
STATE OF ASSAM AND 2 ORS.
KAUSHIK GOSWAMI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
