Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 11496 (GAU)

NIREN BHATTACHARJYA v. THE STATE OF ASSAM AND 3 OTHERS

WP(C)/2227/2025 · 2025-05-25

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010088702025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2227/2025 NIREN BHATTACHARJYA S/O PRABODH BHATTACHARJYA R/O HOUSE NO 98 SEWALI PATH HATIGAON PO HATIGAON DIST KAMRUP METRO, ASSAM 781038 VERSUS THE STATE OF ASSAM AND 3 OTHERS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, FINANCE TAXATION DEPARTMENT, GUWAHATI, ASSAM 781006 2:THE JOINT SECRETARY TO THE GOVT OF ASSAM FIANANCE TAXATION DEPTT JANATA BHAWAN DISPUR ASSAM 781006 3:THE DEPUTY SECRETARY TO THE GOVT OF ASSAM FIANANCE TAXATION DEPTT JANATA BHAWAN DISPUR ASSAM 781006 4:THE COMMISSIONER OF TAXES GUWAHATI UNIT D KARA BHAWAN DISPUR ASSAM 78100 Advocate for the Petitioner : MR S BORTHAKUR, P KHATANIAR,MR SAURADEEP DEY Advocate for the Respondent : SC, FINANCE AND TAXATION, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 26-05-2025 Page No.# 2/3 Heard Mr. P. Khataniar, learned counsel for the writ petitioner. Also heard Mr. H. Baruah, learned standing counsel, Taxation Department, Assam. The writ petitioner herein while discharging his duties as Inspector of Taxes, Guwahati Unit D, was placed under suspension pursuant to his arrest and detention in custody in connection with ACB P.S. Case No. 59/2023. Thereafter, a departmental proceeding was initiated against him, pursuant whereto, by the order dated 14-11-2024, the petitioner was removed from service. Aggrieved by the order dated 14-11-2024, the petitioner had preferred a statutory appeal before the departmental authority on 11-12-2024. The grievance of the petitioner is that despite the lapse of more than 06 months since filing of the appeal, no step has been taken by the authorities for disposal of the appeal. Hence, this writ petition. By the order dated 30-04-2025, the learned departmental counsel was asked to obtain instruction as to the status of the appeal preferred by the petitioner. Today, when the matter is called up, Mr. Baruah, learned counsel for the respondent has produced a copy of the written instruction dated 21-05-2025 issued by the Deputy Secretary to the Govt. of Assam, Finance (Taxation) Department, a perusal of which goes to show that 04 weeks further time would be required by the departmental authorities to examine the matter. Mr. Baruah, learned counsel for the respondent has, however, not denied that the appeal preferred by the petitioner is still pending disposal before the appellate authority. In view of the above and as agreed to by the learned counsel for both the sides, this writ petition is being disposed of by directing the respondents to consider the appeal Page No.# 3/3 preferred by the petitioner and dispose of the same by a reasoned order within 06 weeks from the date of receipt of a certified copy of this order. Copy of the communication dated 21-05-2025 be retained in the record of this case. JUDGE Comparing Assistant