Disposed

Utpal Kemprai v. the State of Assam and 3 Ors.

Gauhati HC5 Sept 2024WP(C)/4487/2024

Case brief

AI extract

What is this about?

The Gauhati High Court directed the petitioner to file an appeal before the Director of Land Record and Surveys under Rule 14 of the Assam Services (Discipline & Appeal) Rules, 1964, and instructed the appellate authority to consider the appeal and release subsistence allowance.

What did the court decide?

Direction to file an appeal before the Director of Land Record & Surveys within 7 days and ensure release of subsistence allowance.

Utpal Kemprai Vs the State of Assam and 3 Ors. — Pension and Retirement Benefits | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010180282024

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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)/4487/2024

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UTPAL KEMPRAI

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S/O- BOROLAL KEMPRAI, R/O- VILL.- DAMADI, P.O. AND P.S. MAIBONG, DIST. DIMA HASAO, ASSAM AND PRESENTLY RESIDING AT C/O- MR. KANAK DAS, HOUSE NO. 133, VILL.- HAJO PATANI, P.S. HAJO, DIST. KAMRUP(R), ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, PIN- 781006, ASSAM

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2:THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER KAMRUP AMINGAON PIN- 781031 DIST. KAMRUP ASSAM

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3:THE DIRECTOR OF LAND RECORD AND SURVEYS ETC. ASSAM RUPNAGAR GUWAHATI-781032 DIST. KAMRUP(M) ASSAM 4:THE CIRCLE OFFICER HAJO REVENUE CIRCLE DIST. KAMRUP ASSA

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Page No.# 2/3

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Advocate for the Petitioner : MR. P P BORTHAKUR, MS IVY HUSSAIN,MR. T KALITA Advocate for the Respondent : GA, ASSAM, SC, REVENUE

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BEFORE

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HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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06.09.2024

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Heard Mr. P.P. Borthakur, learned counsel for the petitioner who submits that the grievance of the petitioner is that he had been kept in a prolonged suspension since 30.05.2023. He submits that the petitioner is a Lat Mandal under the Circle Officer, Hajo Revenue Circle, Kamrup, Assam. Although the petitioner does not have the documents but it appears that the authority concerned had extended the suspension on two (2) occasions i.e., 06.01.2024 and on 30.03.2024. At this stage, Mr. C.S. Hazarika, learned State Counsel appearing for the respondent Nos. 2 & 4 submtis that under Rule 14 of the Assam Services (Discipline & Appeal) Rules, 1964 an appeal against an order of suspension can be preferred before the immediate superior authority than the authority who had issued the suspension order. He submits that the petitioner apparently appears to have not exhausted his remedy. Mr. S. Dutta, learned State Counsel appears for the respondent Nos. 1 & 3.

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Considering the issue involved and in view of the provision available for filing an appeal, the writ petition is disposed of with a direction that the petitioner shall

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Page No.# 3/3

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approach the Director of Land Record & Surveys, Assam (respondent No. 3) by way of an appeal within seven (7) days from today and in the event of the petitioner filing such appeal, the respondent No. 3 shall consider the appeal and pass appropriate orders in accordance with law. The appellate authority shall also look into the claim of the petitioner for releasing subsistence allowance for the period claimed for and ensure releasing of the same, if the same has not been done.

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With the above observation and direction, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Utpal Kemprai v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Utpal Kemprai v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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