Page No.# 1/4 GAHC010156242025 2025:GAU-AS:12858-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2268/2025 ABHISHEK BORBORA R/O HOUSE NO. 26, PUB- SARANIA MAIN ROAD, 5TH BYELANE, RAJGARH, GUWAHATI, ASSAM, PIN-781003. VERSUS THE STATE OF ASSAM REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI- 06. 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI- 6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI- 6. 4:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI- 6 Advocate for the Petitioner : MR. K N CHOUDHURY, N GAUTAM,MR. J PATOWARY Advocate for the Respondent : SC, EXCISE DEPTT., Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 17.09.2025 (Kalyan Rai Surana, J.) Heard Mr. J. Patowary, learned counsel appearing on behalf of the applicant. Also heard Mr. H. K. Hazarika, learned Government Advocate, Assam and Mr. I. Borthakur, learned Standing Counsel for the Excise Department, representing respondent nos. 2, 3 and 4. 2. By filing this interlocutory application, the applicant, namely, Abhishek Borbora, who is the appellant in Writ Appeal No. 335 of 2023, is seeking for modification/ alteration/ correction of the common judgment and order dated 20.06.2025, passed by this Court in Writ Appeal No. 335/2023 and connected writ appeals. 3. The learned counsel for the applicant has submitted that the applicant, Abhishek Borbora, who is the appellant in Writ Appeal No. 335/2023, was selected and appointed in the Assam Excise Service as an Inspector of Excise and his service was governed by the Assam Excise Service Rules, 1990. However, his name is found to be inadvertently omitted in the relevant paragraph nos. 5, 54 and 62 of the said common judgment and order dated 20.06.2025, passed in Writ Appeal No. 335 of 2023 and other connected matters. Accordingly, it is submitted that the name of the applicant be also inserted in the said relevant paragraphs. Page No.# 3/4 4. The inadvertent omission of recording of the name of the applicant in the common judgment and order dated 20.06.2025, is also admitted by the learned Standing Counsel for the Excise Department. 5. Accordingly, this Court is inclined to order as follows:- i) That, at the end of the chart in paragraph no. 5 of the said common judgment and order, a column be inserted under the heading of – ‘Assam Excise Service’, containing the following column:- ASSAM EXCISE SERVICE Sl. No . WP(C) No. WA No. NAME OF THE PETITIONER ACCUSED NO. SUPPLEMENTARY CHARGE/ SHEET 53 4043/2023 335/2023 Abhishek Borbora A - 41 IV ii) At the existing paragraph no. 54 of the said judgment and order, a new paragraph under the heading of Assam Excise Service Rules, 1990, be added along with the Rule 19 (2) quoted thereunder as:- ASSAM EXCISE SERVICE RULES, 1990 19. Discharge or reversion - A temporary or officiating member shall be liable to be discharged or reverted to the lower cadre of the Service or to his original service, if,- (1) he fails to make sufficient use of the opportunities given during any training as may be prescribed by the Government from time to time or fails to render satisfactory Page No.# 4/4 service during his tenure of service in cadre; or (2) It is found on a subsequent verification that he was initially not qualified for the appointment or that he had furnished any incorrect information with regard to his appointment. iii) At the end of paragraph-62 of the said judgment and order, a new sub-paragraph no. 6 be added with the following sentence- “6. As per the provisions of Rule 21 (1) and proviso thereto of the Assam Excise Service Rules, 1990, the probation period is 2 (two) years, subject to extension, not exceeding the period of 2 (two) years.” 6. Accordingly, this order shall be read together with the judgment and order dated 20.06.2025, passed by this Court in Writ Appeal No. 335/2023 and other connected cases. 7. It is clarified that this order only supplements the left out particulars of the applicant, Abhishek Borbora, without touching anything on the merit of the said common judgment and order dated 20.06.2025. 8. With the aforesaid modification/ alteration/ correction of the said common judgment and order dated 20.06.2025, passed in Writ Appeal No. 335/2023 and other connected writ appeals, this interlocutory application, i.e., Interlocutory Application (Civil) No. 2268/2025, stands disposed of. JUDGE JUDGE Comparing Assistant