Lachit Borah @ Lachit Bora Vs the State of Assam and 3 Ors. — Corruption | Gauhati HC (2025)

Lachit Borah @ Lachit Bora Vs the State of Assam and 3 Ors. — Corruption | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1 (Principal Chief Conservator of Forests) to consider and dispose of the petitioner's representation dated 30.09.2024 and pass a speaking order within 60 days of receipt of a certified copy of this order; copy of any order passed to be served on the petitioner.

Issue for consideration

Whether the petitioner, though acquitted of all charges in ACB Case No.02/2023, whose departmental proceeding was dropped, and reflected at serial No.105 of the final gradation list of Forester-I, was wrongly omitted from promotion to Deputy Ranger by Office Order dated 29.08.2023 while his juniors were considered. +1 more

Ratio / Principle

The writ petition stands disposed of with a direction to respondent No.1 to consider and dispose of the petitioner's representation dated 30.09.2024.

Key takeaways

The representation shall be considered and a speaking order passed within a period of 60 days from the date of receipt of a certified copy of this order.ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/5638/2024, order dated 03.03.2025 (Justice Soumitra Saikia). Petitioner, a Forester Grade-I in the Assam Forest Department, was prosecuted in ACB Case No.02/2023 under Section 7(a) of the Prevention of Corruption Act, 1988; a departmental proceeding initiated alongside was subsequently dropped, and he was acquitted of all charges and found innocent. Although reflected at serial No.105 of the final gradation list of Forester-I, he was excluded by Office Order dated 29.08.2023 from the list of Officers promoted to Deputy Ranger while his juniors were considered; respondent No.2's affidavit did not dispute the acquittal or the dropping of the proceeding but gave no explanation for the omission. His representation dated 30.09.2024 to the Principal Chief Conservator of Forests remained undisposed. Counsel for the petitioner confined the prayer at this stage to a direction for consideration and disposal of the representation with a speaking order, a prayer not objected to by the respondents. The Court disposed of the writ petition, directing respondent No.1 to consider and dispose of the representation dated 30.09.2024 and pass a speaking order within 60 days of receipt of a certified copy of the order, with the resulting order to be served on the petitioner; Ms. R.B. Bora was permitted to communicate the order to the office of the Principal Chief Conservator of Forests.

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GAHC010227572024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5638/2024

LACHIT BORAH @ LACHIT BORA FORESTER-I, TAMULPUR RANGE HEAD QUARTER, BAKSA FOREST DIVISION, MUSHALPUR, S/O- LATE KAMALA KANTA BORAH, R/O- VILLPUB JANGALPARA, P.O. BARJALAH, P.S. TANGLA, DIST.- UDALGURI (BTR), ASSAM, PIN- 784521

VERSUS

THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE, ASSAM, GUWAHATI- 37

2:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST CHD BTC KOKRAJHAR ASSAM PIN NO.- 783370 3:THE SECRETARY (FOREST) BTC KOKRAJHAR ASSAM PIN NO.- 783370 4:THE DIVISIONAL FOREST OFFICER DHANSIRI FOREST DIVISION UDALGURI (BTC) ASSAM PIN NO.- 78450

Advocate for the Petitioner : MR. P K DEKA, MR. I H LASKAR,MR. P DAIMARY,MR. R.

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KARIM,MS. N M LONGKENG,J MEDHI

Advocate for the Respondent : SC, FOREST, MS. R B BORA,MR. GOGOI,SC, BTC

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

03.03.2025

Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Ms. R.B. Bora, learned Standing Counsel, BTC for the respondent Nos. 2, 3 and 4.

This writ petition is filed by the petitioner who is presently serving as Forester Grade –I in the Forest Department. During his service tenure the departmental proceeding was initiated pursuant to registration of a criminal case being ACB Case No.02/2023 under Section 7(a) of Prevention of Corruption Act, 1988. Subsequently, he was acquitted from all the charges leveled against him and was found innocent in the matter.

Meanwhile, the final gradation list of Forester –I was prepared and the name of the petitioner is found reflected at serial No.105. However, by Office Order dated 29.08.2023, the petitioner's name was not included in the list of Officers promoted to the next higher rank of Deputy Ranger. He submitted a representation before the Principal Chief Conservator of Forests on 30.09.2024, which has not yet been disposed of.

The respondent No.2 in the meantime has filed an affidavit, where they do not dispute the averments made by the petitioner in respect of the petitioner being acquitted from all the charges and the Departmental Proceeding which came to be subsequently dropped. However, there is no agreement which throws light as to why the petitioner was not considered for promotion while his

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juniors were considered.

The learned counsel for the petitioner submits that at this stage, he seeks a direction to the Principal Chief Conservator of Forests to consider and dispose of his representation filed by him and thereby pass a speaking order.

The prayer made is not objected by the learned counsel for the respondents.

Accordingly, the writ petition stands disposed of with a direction to the respondent No.1 to consider and dispose of the representation dated 30.09.2024.

Let the representation be considered and pass a speaking order within a period of 60 days from the date of receipt of a certified copy of this order.

Any such order that is passed, the copy of the same be served to the petitioner.

Ms. R.P. Bora, learned counsel representing respondent Nos. 2, 3 and 4 submits that she does not represent respondent No.1. However, since the learned counsel for the respondent No.1 is not present before the Court, this Court permit Ms. R.B. Bora to communicate a copy of this order to the Office the Principal Chief Conservator of Forests.

JUDGE

Comparing Assistant