Dismissed

Sri Dilip Kumar Das v. the State of Assam and 4 Ors.

Gauhati HC15 Sept 2026WP(C)/5014/2026

Case brief

AI extract

What is this about?

Petitioner challenged writ petition challenging removal from service due to alleged bigamy. Court held alternative remedy under Assam Services (Discipline & Appeal) Rules, 1964 existed. Ordered pettitioner to file appeal within 15 days. Writ petition disposed.

What did the court decide?

Directed petitioner to file appeal under Section 15 of Assam Services (Discipline & Appeal) Rules, 1964 within 15 days. Writ petition disposed.

Sri Dilip Kumar Das Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2026)

Page No.# 1/3

GAHC010197952026

2026:GAU-AS:13682

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

¶5

Case No. : WP(C)/5014/2026

¶6

SRI DILIP KUMAR DAS

¶7

S/O LATE KINARAM DAS, VILL BHUYANHAT GAON, P.O. BHUYANHAT, P.S. TEOK DISTRICT JORHAT, ASSAM .

¶8

VERSUS

¶9

THE STATE OF ASSAM AND 4 ORS

¶10

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME POLITICAL DEPARTMENT, DISPUR, GUWAHATI.

¶11

2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI.

¶12

3:THE COMMANDANT

¶13

1ST ASSAM POLICE BATTALION

¶14

LIGIRIPUKHURI SIVASAGAR ASSAM

¶15

4:THE SUPERINTENDENT OF POLICE GOLAGHAT ASSAM

¶16

5:THE ENQUIRY OFFICER DEPARTMENTAL PROCEEDING NO. 08/2024 OFFICE OF THE SUPERINTENDENT OF POLICE GOLAGHAT ASSAM

¶17

Page No.# 2/3

¶18

Advocate for the Petitioner : MR M CHOUDHURY, MR P J DAS

¶19

Advocate for the Respondent : GA, ASSAM,

¶20

BEFORE

¶21

HONOURABLE MR. JUSTICE NELSON SAILO

¶22

ORDER

¶23

Date : 16.09.2026

¶24

Heard Mr. M. Choudhury, learned counsel for the petitioner, who submits that petitioner is aggrieved with the order of removal from service inflicted upon him vide order dated 05.09.2025 by Senior Superintendent of Police, Golaghat. The learned counsel submits that the reason for imposing him the said penalty is on account of alleged bigamy. He submits that the petitioner with the consent of his first wife got married for the second time sometime in the year 2006 and the petitioner after serving for over 40 years and at the very fag end of his service career has been imposed with the penalty of removal from service.

¶25

[2.] At this stage Mr. T.C. Chutia, learned Senior Counsel and also Senior Govt. Advocate submits that the petitioner has not exhausted all the remedy available to him since there is a provision for filing appeal under Section 15 of the Assam Services (Discipline & Appeal) Rules, 1964. The learned counsel for the petitioner submits that the petitioner after being imposed with a penalty of removal from service was not in a proper state of mind for taking immediate steps against his removal as he was too shocked to make any reaction.

¶26

[3.] Be that as it may since there is an alternative remedy available, the petitioner is directed to file an appeal in terms of the relevant provisions of the Assam Services (Discipline & Appeal) Rules, 1964 before the Appellant Authority within a period of 15(fifteen) days from today along with explanation for the

¶27

Page No.# 3/3

¶28

delay in filing the appeal within time. The Appellant Authority upon receipt of the same shall consider the appeal in accordance with law and take a decision by way of passing a reasoned and speaking order as expeditiously as possible and preferably within a period of 2(two) months from the date of receipt of the said appeal.

¶29

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

¶30

Comparing Assistant

Sri Dilip Kumar Das v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Sri Dilip Kumar Das v. the State of Assam and 4 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

Similar cases