Page No.# 1/3 GAHC010200082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5167/2025 BINAYAK PURKAYASTHA S/O LATE BIBHAS RANJAN PURKAYASTHA, R/O FLAT 7P, BLOCK D, PROTECH PARADISE, KALYANI NAGAR, NEAR BHANGADUTTAPUR, KAHILIPARA, P.O. KAHILIPARA, P.S. DISPUR, DIST. KAMRUP (M), ASSAM, PIN 781019 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION DEPTT., DISPUR, GUWAHATI 6 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPTT. DISPUR GUWAHATI 6 3:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPTT. DISPUR GUWAHATI 6 4:THE ENQUIRY OFFICER IN RESPECT OF THE ENQUIRY AGAINST THE PETITIONER INITIATED BY SHOW CAUSE DATED 15.06.2024 5:THE PRESENTING OFFICER IN RESPECT OF THE ENQUIRY AGAINST THE PETITIONER INITIATED BY Page No.# 2/3 SHOW CAUSE DATED 15.06.202 Advocate for the Petitioner : MR. S K TALUKDAR, T R OVUNG,K A SODIAL,MS. S T BOKTH,MR. J M A CHOUDHURY Advocate for the Respondent : GA, ASSAM, MR. A PHUKAN, SC, GAD BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 10-09-2025 Heard Mr. S.K. Talukdar, learned counsel for the petitioner and Mr. P. Nayak, learned Additional advocate General, Assam for all the respondents. 2. A disciplinary proceeding has been initiated against the petitioner with the issuance of a Show Cause Notice dated 15.06.2024 under Rule 9 of the Assam Services [Discipline and Appeal] Rules, 1964 [‘the Rules, 1964’, for short] read with Article 311 of the Constitution of India asking the petitioner to show cause as to why any of the penalties prescribed in Rule 7 of the Rules, 1964 should not be inflicted upon him. In the Show Cause Notice, one charge has been framed against him. The petitioner was directed to submit his written statement of defence. A Reply to the Show Cause Notice was submitted by the petitioner. An Inquiry Officer was appointed by an Order dated 19.09.2024 to inquire into the charge framed against the petitioner. The Inquiry Officer had submitted a Report on 13.07.2025. Thereafter, the petitioner was furnished a copy of the Inquiry Report by the Disciplinary Authority allowing him to submit a Representation to the Inquiry Report. The petitioner submitted a Representation to the Inquiry Report on 28.08.2025. Presently, the disciplinary proceeding is at the stage of consideration of the Inquiry Report by the Page No.# 3/3 Disciplinary Authority and to pass an order in order to bring the disciplinary proceeding to a conclusion. It is settled that disciplinary authority has the authority and jurisdiction either to agree with the findings of the Inquiry Report or to disagree with the findings of the Inquiry report. 3. This Court, therefore, is not inclined to entertain the instant writ petition as the Disciplinary Authority is yet to consider and pass his order on the basis of the Inquiry Report for bringing the disciplinary proceeding to a logical conclusion. This Court while not entertaining the writ petition, is of the view that whatever decision is passed by the Disciplinary Authority, the same shall immediately be communicated to the petitioner to enable the petitioner to take appropriate legal remedy, if he finds himself aggrieved by the decision passed by the Disciplinary Authority. JUDGE Comparing Assistant