Page No.# 1/3 GAHC010136382024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3484/2024 AHMED HUSSAIN MAJUMDER S/O LATE ABBAS ALI MAZUMDER, R/O VILL- BILPAR DHUMKAR, P.O.- RANGAUTI, P.S.-HAILAKANDI, DIST- HAILAKANDI, ASSAM, PIN-788155 VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, TRANSPORT DEPARTMENT, JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX), DISPUR, GUWAHATI-781006 2:JOINT SECRETARY TO THE GOVERMENT OF ASSAM TRANSPORT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006 3:COMMISSIONER OF TRANSPORT ASSAM PARIBAHAN BHAWAN JAWAHAR NAGAR KHANAPARA GUWAHATI-781022 4:COMMISSIONER AND SECRETARY TO THE GOVERNOR OF ASSAM RAJ BHAVAN ASSAM KHARGULI HILLS UZANBAZAR GUWAHATI-781001 5:DISTRICT TRANSPORT OFFICER KARIMGANJ Page No.# 2/3 STREAMER GHAT ROAD KARIMGANJ ASSAM-788710 6:DISTRICT TRANSPORT OFFICER HAILAKANDI MISSION ROAD HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR A R BHUYAN, MR. K N CHOUDHURY,MR N A MAZARBHUIYA,MR N Z CHOUDHURY Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.04.2025 Heard Mr. AR Bhuyan, learned counsel for the petitioner. Also heard Ms. MD Bora, learned Standing Counsel, Transport Department for the respondent nos. 1, 2, 3, 5 & 6 and Ms. M. Bhattaharjee, learned Additional Senior Government Advocate, Assam for the respondent no.4. 2] This petition is filed putting to challenge the impugned order dated 22.02.2024 passed by the competent Authority, whereby the respondent authorities had imposed the penalty of demotion of the petitioner in the rank to a lower post under Rule 7 (iv) Assam Services (Discipline and Appeal) Rules, 1964. The petitioner has also challenged the order dated 19.06.2024 issued by the Commissioner of Transport, Assam, whereby the petitioner was transferred and posted as a Head Assistant to the Office of the District Transport Ofice, Hojai. Further prayer is made for directing the respondents to considered the Page No.# 3/3 prayer made by the petitioner vide the representation dated 28.06.2024 and also to consider the appeal dated 01.07.2024 preferred by the petitioner against the penalty imposed. 3] Upon perusal of the pleadings and upon taking into consideration of the submissions made by the learned counsel for the parties, it is seen that the appeal dated 01.07.2024 preferred by the petitioner against the impugned penalty dated 22.02.2024 is pending before the appellate authority and the said appeal is under due consideration by the Appellate Authority. 4] Under such circumstances, where the petitioner has already taken recourse to statutory remedy prescribed under the Assam Services (Discipline and Appeal) Rules, 1964, it will be apposite to dispose of the writ petition at this stage and Appellate Authority will consider the appeal preferred by the petitioner and pass appropriate order as expeditiously as possible preferably within a period of 90 (ninety) days from the date of receipt of a certified copy of this order. 5] Writ petition accordingly stands disposed of. No order as to cost. 6] Interim order, if any, stands merged. JUDGE Comparing Assistant