The Gauhati High Court disposed of a writ petition filed by a former Land Record Assistant seeking relief against dismissal. The Court held that the statutory remedy under Rule 15 of the Assam Services (Discipline and Appeal) Rules, 1964, must be exhausted first.
Writ petition dismissed; direction to file statutory appeal within two weeks.
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.
Page No.# 1/4
GAHC010161122024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4157/2024
RAJESH ROY
SON OF SUREN ROY, RESIDENT OF VILLAGE AND POST OFFICEPALASHBARI, POLICE STATION- PALASHBARI, DISTRICT- KAMRUP, ASSAM, PIN-
VERSUS
THE STATE OF ASSAM AND 7 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI- 781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT (LAND REVENUE) DEPARTMENT DISPUR GUWAHATI- 781006 3:THE DIRECTOR OF LAND RECORDS AND SURVEY ETC. ASSAM RUPNAGAR GUWAHATI- 781032 4:THE DISTRICT COMMISSIONER KAMRUP (M) GUWAHATI 5:THE INQUIRY OFFICER D.P. CASE NO. 01/2023 AND ADDL. DISTRICT COMMISSIONER KAMRUP (MERO) GUWAHATI
Page No.# 2/4
6:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP (METRO) GUWAHATI
7:THE REVENUE CIRCLE OFFICER SONAPUR REVENUE CIRCLE DISTRICT- KAMRUP (M) ASSAM
8:THE TREASURY OFFICER KAMRUP (M) GUWAHAT
Advocate for the Petitioner : MR. R SARMA, MS DIPALI DUTTA
Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 04.11.2024
Heard Ms. D. Dutta, learned Counsel for the petitioner, Mr. J.K. Goswami, learned Additional Senior Government Advocate for respondent no. 4, 5, 6 and 7, Mr. J. Hazarika for respondent no. 2 and 3. Mr. A. Phukan for respondent no. 1.
Having regard to the nature of the greivance projected by the petitioner and the remedy available under the Assam Services (Discipline and Appeal) Rules, 1964, the writ petition is disposed of at this stage.
By filing this writ petition, the petitioner who was working as Land Record Assistant under the Office of the District Commissioner, Kamrup Metropolitan district, Guwahati, (Personnel Branch) was dismissed from service after a departmental enquiry was initiated
Page No.# 3/4
against him. The order of dismissal from service was issued on 27/06/2024. The learned Counsels appearing for the respondents have submitted that there is a provision for filing statutory appeal under Rule 15 of the Assam Services (Discipline and Appeal) Rules, 1964 against any penalty imposed under Rule 7 of the same Rules before the appellate authority. The appeal has to be filed within a period of 90 days from the date of receipt of the order concerned. The appeal may however be entertained even after the expiry of the period prescribed subject to the appellate authority being satisfied that there was sufficient cause for not submitting the appeal on time. It is therefore submitted by the learned Counsel for the respondents that the statutory remedy having not been exhausted by the petitioner, the petitioner should be relegated to filing an appeal before the appellate authority. The submissions so made have been duly considered. Although in appropriate cases a writ petition may not be refused to be entertained for non-exhaustion of the alternate remedy available, but having regard to the specific provision provided under Rule 15 of the said Rules for filing a statutory appeal, this Court is of the considered view that the same should be availed of by the petitioner.
Accordingly, the writ petition is disposed of with a direction to the petitioner to file the statutory appeal before the appellate authority within a period of 2 (two) weeks from today along with appropriate application for condonation of the delay, if the period of limitation has expired in the meantime. Upon filing of such application and the appeal by the petitioner, the appellate authority concerned shall consider the same and take a decision in accordance with law as
Page No.# 4/4
expeditiously as possible and at any rate, within a period of 2 (two) months from the date of receipt of the application and the appeal.
With the above observation and direction, the writ petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition can be entertained before the statutory remedy of appeal under Rule 15 of the Assam Services (Discipline and Appeal) Rules, 1964 is exhausted.
Whether the petitioner should be directed to file a statutory appeal with condonation of delay against the order of dismissal.
2 provisions across 1 enactments
RAJESH ROY
THE STATE OF ASSAM
NELSON SAILO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
