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2025 DAILYLAW 20179 (GAU)

BHABEN CH NATH v. THE STATE OF ASSAM AND 4 ORS

WP(C)/7119/2022 · 2025-06-05

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010224912022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7119/2022 BHABEN CH NATH S/O- LATE GOBIN CH. NATH, VILL- BARUAH DALANI, P.O.- BAPUBHETI, P.S.- TEZPUR, DIST- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-06. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-06. 3:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM ULUBARI GHY-6. 4:THE SUPERINTENDENT OF POLICE SONITPUR P.O. AND DIST.- SONITPUR ASSAM. 5:THE COMMANDANT OF HOME GUARDS SONITPUR ASSAM Page No.# 2/3 Advocate for the Petitioner : MR M H AHMED, MS. N SULTANA Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 06.06.2025 Heard Mr. MH Ahmed, learned counsel for the petitioner. Also heard Ms. M Bhattacharjee, learned Addl. Sr. Government Advocate for the State. 2. The case of the petitioner is that he was selected in the recruitment process for being enlisted as a Home Guard and was sent for Rural Basic Home Guards Volunteer Training Course in 2011 at the 1st Assam Industrial Security Force Battalion Training Centre, Tezpur. He completed the training and thereafter he was appointed as the member of the home guards under Section 6(3)(a) of the Assam Home Guards Act, 1947. Except for a brief period of 15 days during the election in the State held in the year 2019, the petitioner has not been called for duty as a member of Home Guards. He had repeatedly approached the respondent authorities requesting him for deployment as he is trained Home Guard. However, his prayers not being redressed, he filed a representation dated 08.09.2022 and that representation also has not been disposed of and no information is forthcoming from the respondent authorities compelling the petitioner to approach this Court by filing the present writ petition. 3. On last date i.e. 23.05.2025, the respondents were permitted to obtain instructions as to the status of the representation filed by the Page No.# 3/3 petitioner on 08.09.2022. 4. Today when the matter is called up, the learned counsel for the respondents submits on instructions that the representation has been duly received but she has no instructions as to what order have been passed on the said representation. On such instructions being placed before the Court it is evident that the authorities did not proceed to pass any orders on the representation pending. 5. Considering the limited prayers made in the writ petition that the petitioner being a trained Home Guard and his only prayer is to be called for deployed for duty like other trained Home Guards, this Court considers it appropriate to close the writ petition at this stage and direct the respondent No. 5 namely Commandant of Home Guards, Sonitpur, Assam to look into the grievances of the petitioner as ventilated by the representation dated 08.09.2022 and upon hearing the petitioner, pass appropriate orders thereon. The respondent No. 5 will dispose of the representation by a speaking order and a copy thereof be served on the petitioner. 6. With the above observation, the writ petition stands disposed of. 7. The direction contained shall be carried out within a period of 60 days from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant