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2025 DAILYLAW 20174 (GAU)

MASHARRAF HUSSAIN CHOUDHURY v. THE STATE OF ASSAM AND 2 ORS

WP(C)/5828/2024 · 2025-04-01

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010226312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5828/2024 MASHARRAF HUSSAIN CHOUDHURY S/O- HUSSAIN CHOUDHURY, C/O- DIVISIONAL FOREST OFFICER , GUWAHATI, WILDLIFE DIVISION, BASISTHA , GUWAHATI-781029, ASSAM, PRESENT ADDRESS- MERINA APARTMENT, FLAT NO-103, AJANTA PATH, P.O AND P.S- HATIGAON, DIST- KAMRUP (M), GUWAHATI-38, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT DISPUR, GUWAHATI-06., ASSAM 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI-06. ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 37 Advocate for the Petitioner : MS. T SOM, MS. B DAS,MS. U HAZARIKA,MR H DAS Page No.# 2/2 Advocate for the Respondent : SC, FOREST, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 02.04.2025 Heard Ms. T. Som, learned counsel for the petitioner. Mr. B. Gogoi, learned Standing Counsel, Forest Department has placed a copy of the order dated 26.03.2025 passed by the Secretary to the Govt. of Assam, Environment & Forest Department, whereby, the petitioner has been imposed the penalty of dismissal from service under Rule 7(vii) of Assam Service (Discipline & Appeal) Rules, 1969 after the departmental proceedings. The claim of the petitioner in this petition is for consideration of his promotion to the post of Assistant Conservator of Forest. Having considered that the petitioner has been imposed with a penalty of dismissal, therefore, the writ petition has become infructuous. In view of the above, the writ petition stands dismissed as infructuous. However, the petitioner is granted liberty to avail appropriate remedy as may be permissible under the law. A copy of the order dated 26.03.2025 passed by the Secretary to the Govt. of Assam, Environment & Forest Department is kept on record and marked as document “X”. JUDGE Comparing Assistant