Page No.# 1/5 GAHC010198862025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5155/2025 NITUL CHANDRA DAS S/O LATE PHATIK DAS, R/O VILL. AND P.O. BORNIBARI, DIST. NALBARI, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REPRESENTED BY THE ADDITIONAL CHIEF SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI 6 2:THE STATE OF ASSAM TO BE REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (REGISTRATION) DEPTT. DISPUR GUWAHATI 6 3:THE DIST. REGISTRAR KAMRUP (M) DIST. GUWAHATI PIN 78103 Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR G DEKA,MR. N G KUNDU Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.09.2025 Heard Mr. PK Roychoudhury, learned counsel for the petitioner. Also heard Mr. TC Chutia, learned Additional Senior Government Advocate, Assam and Mr. J Handique, learned Standing Counsel, Revenue and Disaster Management Department. 2] The petitioner before this Court was an employee under Sr. Sub- Registrar Office. Pursuant to an FIR being filed, the petitioner was arrested and detained in custody and was placed under suspension. Thereafter, proceedings were initiated under Rule 9 of the Assam Services (Disciplinary and Appeal) Rules, 1964. Pursuant to the enquiry proceedings completed, the Disciplinary Authority passed an order dated 18.10.2024, whereby the petitioner was dismissed from service under Rule 7 (vii) of the Assam Services (Disciplinary and Appeal) Rules, 1964 read with Article 311 of the Constitution of India. Being aggrieved, the petitioner filed an appeal before the Appellate Authority for setting aside or recalling the order of dismissal dated 18.10.2024. The appeal was pending before the Appellate Authority, when the petitioner had filed WP(C) No.5864/2024. This Court by order dated 13.11.2024 disposed of the WP(C) No.5864/2024 directing the Secretary to the Government of Assam, Revenue Page No.# 3/5 and Disaster Management Department to dispose of the appeal filed by the petitioner in terms of the Rule 24 of the Assam Services (Disciplinary and Appeal) Rules, 1964. The petitioner submitted a departmental order dated 25.08.2022, issued by the Sr. Sub-Registrar by filing an application before the Appellate Authority. However, the petitioner apprehended that the said document might not be taken into consideration by the Appellate Authority, as the same was not filed along with the appeal. Expressing such apprehension, the petitioner filed another writ petition, being WP(C) No. 1492 of 2025. This writ petition also came to be disposed of on 28.03.2025 directing the respondent authorities to consider the document submitted by the petitioner while deciding the appeal. 3] Thereafter, that particular document placed by the petitioner was sent for forensic examination to the Forensic Science Laboratory by the Appellate Authority. It is the submission of the learned counsel for the petitioner that the forensic science laboratory by its Memo No.DFS/QDS-166/2025 dated 24.07.2025 had submitted a report on the said examination and communicated the same to the Appellate Authority. However, as no steps have been taken to proceed in the appeal pursuant to receipt of the Forensic Science Laboratory report, the present writ petition has been filed. This Court by earlier order dated 05.09.2025 permitted the respondent authority to obtain instructions. Page No.# 4/5 4] Mr. J Handique, learned Standing Counsel, Revenue Department placed before the Court the communication dated 18.09.2025. Mr. J Handique on written instructions received submits that the Department seeks further time to scrutinize, verify and properly assess the contents and implications of the forensic report. He therefore prays for 6 (six) weeks time. 5] Mr. TC Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent no.3, on the other hand, submits that the prayer made in the earlier writ petition being WP(C) no.1492/2025 filed by the petitioner was granted by this Court by disposing of the said Writ Petition by Order dated 28.03.2025 directing the authorities to take into consideration the document placed by the petitioner at the time of disposal of the appeal. He, therefore, submits that the present writ petition should also be closed as a direction to dispose of the appeal had already been issued by this Court earlier by order dated 28.03.2025. 6] Upon considering the submissions of the learned counsel for the parties and upon perusal of the order passed by this Court in earlier writ petitions, it is seen that besides the order dated 28.03.2025 passed in WP(C) no.1492/2025, the Coordinate Bench by order dated 13.11.2024 passed in WP(C) no.5864/2024 had already disposed of the writ petition filed earlier by the petitioner with a direction to the respondent no.1 , namely, the Secretary to Page No.# 5/5 the Government of Assam, Revenue and Disaster Management Department i.e. the Appellate Authority to consider the appeal filed by the petitioner on 28.10.2024 and dispose of the said appeal in terms of Rule 24 of the of the Assam Services (Disciplinary and Appeal) Rules, 1964 by issuing a speaking order which should be communicated to the petitioner. Under such circumstances, this Court is of the view that as the Appellate Authority is already in seisin of the appeal filed by the petitioner and the directions of this Court by order dated 13.11.2024 passed in WP(C) no.5864/2024 already stands in force. Therefore, no further order is called for save and except the direction to the respondents to expeditiously dispose of the appeal preferred by the petitioner by taking into consideration all the relevant materials placed before the Appellate Authority including the report of the Forensic Science Laboratory and dispose of the appeal, as expeditiously as possible, preferably, within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. 7] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant