Page No.# 1/4 GAHC010086592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2330/2025 ANURAG BORA S/O LATE DULAL BORA, R/O RAJA BAHAR GAON, P.S.- DERGAON, DIST- GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-05 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POLITICAL DEPARTMENT DISPUR GUWAHATI-05 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI 4:THE SUPERINTENDENT OF POLICE S.B (E) ASSAM KAHILIPARA GUWAHATI-19 5:THE OFFICER-IN-CHARGE BHARALUMUKH POLICE STATION GUWAHATI ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MRS. K H Page No.# 2/4 CHOUDHURY,MR. L MOHAN Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 14.05.2025 Heard Mr. JI Borbhuiya, learned counsel for the petitioner. Mr. TC Chutia, learned Senior Government Advocate, Assam. 2. The grievance of the petitioner before this Court is limited to the non- release of 75% of the subsistence allowance, which he claims he is entitled to under the applicable Rules, as he is currently under suspension. It is submitted by the learned counsel for the petitioner that the petitioner is serving as a Sub- Inspector of Police posted in the office of the Assam Police under the Superintendent of Police (SB), Kahilipara, Guwahati. Pursuant to an FIR being lodged on 30.11.2023 by the respondent no.5 a police team led by Sub- Inspector of Police, Bharalumukh Police Station along with the present petitioner and some other persons conducted a raid in the rented house of a person and a cash amount of Rs.1,69,70,000/- (Rupees One Crore Sixty-Nine Lakh Seventy Thousand only) was recovered which was subsequently handed over to the officials of the Income Tax Department. As per the said FIR, two police Personnel and the Civilian, who were the part of the police team, looted a bag containing huge amount of cash money from the place of the incidence under the threat of criminal intimidation by assault with their service weapons and thereby, resulting in seizure of a smaller amount of cash from the place of incidence. Pursuant to the said FIR dated 30.11.2023, the petitioner was placed Page No.# 3/4 under suspension by order dated 01.12.2023 issued by the respondent no.4. The petitioner is still under suspension, however, his subsistence allowance, which is required to be paid to him under 75%, is still denied. He submitted a representation dated 13.12.2024 before the concerned authority; however, the same has not been disposed of and his request for the release of subsistence allowance. 3. This Court by order dated 02.05.2025 permitted Mr. TC Chutia, learned Additional Senior Government Advocate, Assam, to obtain necessary instructions. The matter was fixed today. 4. Mr. TC Chutia, learned Additional Senior Government Advocate, Assam, however, renews his prayer for further time to complete his instructions. 5. Having heard the learned counsel for the petitioner as well as the learned Additional Senior Government Advocate, Assam and also upon perusal of the writ petition, it is observed that the petitioner’s prayer is limited to seeking a direction for the grant of subsistence allowance at the rate of 75% with effect from March 2024, including arrears and the interest accrued thereon. A further direction to the respondents is sought for directing them to consider and dispose of the representation dated 13.12.2024, submitted by the petitioner. 6. Considering the submission and the prayer made in the writ petition, this Court is of the view that the writ petition can be disposed of at this stage without issuing any notice. Accordingly, the writ petition is closed directing the respondents authorities, more particularly, the Superintendent of Police, SB(E) i.e. the respondent no.4 to consider and dispose of the representation filed by the petitioner and if the petitioner is found to be entitled for release of the subsistence allowance to the extent of 75 % with effect from March, 2024, the Page No.# 4/4 same should be expeditiously released without further delay. The petitioner will furnish a certified copy of this order before the respondents, more particularly, the Superintendent of Police, SB(E) i.e. the respondent no.4 who thereafter will dispose of the representation dated 13.12.2024 furnished by the petitioner by issuing a speaking order within a period of 30 (thirty) days from the date of receipt of a certified copy of this order and also ensure that a copy of the said order is served on the writ petitioner. 7. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant