DIPAK MALL @ DIPAK MAL v. THE STATE OF ASSAM AND 4 ORS
WP(C)/2576/2023 · 2025-03-09
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 12075 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12075 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010097652023
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2576/2023 DIPAK MALL @ DIPAK MAL (CONSTABLE NO. 545) S/O- LT. ROBAI MALL, R/O VILLAGE- DHOLAI T.E., P.O.- DHOLAI, P.S.- KATLICHERRA, DIST.- HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEAD QUARTER ULUBARI
GUWAHATI-7. 3:THE INSPECTOR GENERAL OF POLICE ASSAM POLICE ULUBARI GUWAHATI- 781007. 4:THE DEPUTY INSPECTOR GENERAL OF POLICE ASSAM POLICE ULUBARI GUWAHATI- 781007. 5:THE COMMANDANT
Page No.# 2/3 21ST AP(IR) BATTALION KATLICHERRA HAILAKANDI
ASSAM Advocate for the Petitioner : MR. M M ZAMAN, Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 10.03
.2025
Heard Mr. M.M. Zaman, learned counsel for the petitioner. Also heard Mr. A. Chakraborty, learned Government Advocate for the State. The petitioner is put to challenge the order dated 21.11.2022, whereby the petitioner was dismissed from the service. He is aggrieved that his dismissal order has been passed by the authorities without giving an opportunity of hearing to the petitioner. It is also submitted that the petitioner had preferred an appeal before the Departmental Authorities and the same was pending at the time of filing the writ petition. Pursuant to the order of issuance of notice by this Court dated 11.05.2023, the respondent No.5 has filed an affidavit whereby there is an averment that all relevant records pertaining to the petitioner had been sent to the Appellate Authority upon receipt of requisition from the Appellate Authority. Since there is no dispute that pursuant to the order of dismissal, the petitioner filed an appeal and at present there are no instructions as to whether
Page No.# 3/3 the appeal has been disposed of in the meantime, this Court consider it appropriate to close the writ petition at this stage with a direction to the respondent authority to expeditiously consider the appeal stated to have been filed by the petitioner against the order of dismissal. The appellate authority namely the respondent No.3 will consider the claims of the petitioner made in the appeal and upon due perusal of the relevant records pass a speaking order disposing of the appeal. Needless to say any such order that is passed copies thereof shall be served on the writ petitioner.
The appeal should be disposed of as expeditiously as possible within outer limit of 60 days from the date of receipt of certified copy of this order. The writ petition stands closed in terms of the above. JUDGE Comparing Assistant