Page No.# 1/4 GAHC010122482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3057/2025 THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FOREST AND CLIMATE CHANGE DEPARTMENT DISPUR GUWAHATI-6. VERSUS NEPAL CHANDRA MANDAL SON OF LATE HARAKUMAR MANDAL RESIDENT OF VILLAGE- ARA GAON P.S.- CHARIDUWAR P.O.- BALIPARA PINCODE-78410 L DISTRICT- SONITPUR ASSAM. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI-6 3:THE PRINCIPAL SECRETARY TO THC GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI-6 4:THE PRINCIPAL SECRETARY FINANCE DEPARTMENT GOVERNMENT OF ASSAM DISPUR Page No.# 2/4 GUWAHATI-6 5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI-37 6:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION DISTRICT NAGAON ASSAM-782001 7:THE DIVISIONAL FOREST OFFICER SONITPUR SOCIAL FORESTRY DIVISION SONITPUR BISWANATH CHARIALI ASSAM-784176 PROFORMA OPPOSITE PARTIES ------------ Advocate for : MR. I BORTHAKUR Advocate for : MR A K BHUYAN appearing for NEPAL CHANDRA MANDAL BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 17.09.2025 Heard Mr. D. Gogoi, learned counsel appearing for the applicant. Also heard Mr. A. Chaliha, learned counsel appearing for the respondent No.4 and Ms. B. Bhuyan, learned senior counsel assisted by Mr. A. Talukdar, learned counsel appearing for the respondent. 2. By way of this interlocutory application, the applicant is seeking vacation of interim stay order dated 10.04.2025, passed by this court in the connected writ petition, i.e., WP(C) No. 2027/2025. Operating portion of the order dated 10.04.2025 reads as under: “Challenge made in this writ petition is to the order of suspension dated 28.03.2025 passed by the Secretary to the Government of Assam, Environment & Forest Department, whereby, the petitioner is placed under suspension for the second time, primarily on the ground that the disciplinary authority is not satisfied with the findings of the enquiry Page No.# 3/4 officer and have decided to continue with the departmental proceeding. Issue notice, returnable by 4 (four) weeks. Since Mr. I. Borthakur, learned Standing Counsel, Environment & Forest Department appears and accepts notice on behalf of respondents No. 1, 2, 3, 5, 6 & 7 and Mr. P. Nayak, learned standing counsel, Finance appears and accepts notice on behalf of respondent No.4, no formal notice is required to be issued to the said respondents. However, requisite extra copies be furnished to the learned counsel for the respondents during the course of the day Heard on interim prayer. A bare perusal of the order dated 28.03.2025, prima facie indicates that the petitioner is sought to be placed under suspension until further order on the ground of unsatisfactory findings of the enquiry officer and to continue with the departmental proceeding. Thus, I am of the considered view that an interim order is called for. Accordingly, till the returnable date, the impugned order dated 28.03.2025 shall remain suspended. However, the respondent authorities are at liberty to approach the Court for modification of this order as the learned standing counsel expresses his inability to address the Court on being not equipped with instruction from the department at this stage.” 3. Mr. D. Gogoi, learned counsel appearing for the applicant, upon being asked, has fairly conceded that the report of the first enquiry officer was not furnished to the petitioner before taking any decision to disagree with the findings of such enquiry officer. 4. Rule 9A of the Assam Services (Discipline and Appeal) Rules, 1964, reads as under: “9A. Communication of orders.- Orders made by the Disciplinary Authority shall be communicated to the Government servant who shall also be supplied with a copy of the report of the inquiry, if any, held by the Disciplinary Authority and a copy its findings on each charge, or where Page No.# 4/4 the Disciplinary Authority is not the Inquiring Authority, a copy of the report of the Inquiring Authority and a statement of the findings of the Disciplinary Authority together with brief reasons for its disagreements, if any, with the findings of the Inquiring Authority (unless they have already been supplied to him) and also a copy of the advice, if any, given by the Commission, and where the Disciplinary Authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance. 5. 5. Reading the aforesaid, it appears that neither the copy of the first enquiry report nor the statement of the findings of the disciplinary authority have been supplied to the petitioner. That being so, I do not find any reason to interfere with the interim stay granted earlier by this court by order dated 10.04.2025. Hence, the instant application for vacating the said interim order is bereft of any merit whatsoever. 6. Accordingly, the interlocutory application stands rejected. JUDGE Comparing Assistant