Page No.# 1/3 GAHC010227572024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5638/2024 LACHIT BORAH @ LACHIT BORA FORESTER-I, TAMULPUR RANGE HEAD QUARTER, BAKSA FOREST DIVISION, MUSHALPUR, S/O- LATE KAMALA KANTA BORAH, R/O- VILL- PUB JANGALPARA, P.O. BARJALAH, P.S. TANGLA, DIST.- UDALGURI (BTR), ASSAM, PIN- 784521 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE, ASSAM, GUWAHATI- 37 2:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST CHD BTC KOKRAJHAR ASSAM PIN NO.- 783370 3:THE SECRETARY (FOREST) BTC KOKRAJHAR ASSAM PIN NO.- 783370 4:THE DIVISIONAL FOREST OFFICER DHANSIRI FOREST DIVISION UDALGURI (BTC) ASSAM PIN NO.- 78450 Advocate for the Petitioner : MR. P K DEKA, MR. I H LASKAR,MR. P DAIMARY,MR. R. Page No.# 2/3 KARIM,MS. N M LONGKENG,J MEDHI Advocate for the Respondent : SC, FOREST, MS. R B BORA,MR. GOGOI,SC, BTC BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 03.03 .2025 Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Ms. R.B. Bora, learned Standing Counsel, BTC for the respondent Nos. 2, 3 and 4. This writ petition is filed by the petitioner who is presently serving as Forester Grade –I in the Forest Department. During his service tenure the departmental proceeding was initiated pursuant to registration of a criminal case being ACB Case No.02/2023 under Section 7(a) of Prevention of Corruption Act, 1988. Subsequently, he was acquitted from all the charges leveled against him and was found innocent in the matter. Meanwhile, the final gradation list of Forester –I was prepared and the name of the petitioner is found reflected at serial No.105. However, by Office Order dated 29.08.2023, the petitioner's name was not included in the list of Officers promoted to the next higher rank of Deputy Ranger. He submitted a representation before the Principal Chief Conservator of Forests on 30.09.2024, which has not yet been disposed of. The respondent No.2 in the meantime has filed an affidavit, where they do not dispute the averments made by the petitioner in respect of the petitioner being acquitted from all the charges and the Departmental Proceeding which came to be subsequently dropped. However, there is no agreement which throws light as to why the petitioner was not considered for promotion while his Page No.# 3/3 juniors were considered. The learned counsel for the petitioner submits that at this stage, he seeks a direction to the Principal Chief Conservator of Forests to consider and dispose of his representation filed by him and thereby pass a speaking order. The prayer made is not objected by the learned counsel for the respondents. Accordingly, the writ petition stands disposed of with a direction to the respondent No.1 to consider and dispose of the representation dated 30.09.2024. Let the representation be considered and pass a speaking order within a period of 60 days from the date of receipt of a certified copy of this order. Any such order that is passed, the copy of the same be served to the petitioner. Ms. R.P. Bora, learned counsel representing respondent Nos. 2, 3 and 4 submits that she does not represent respondent No.1. However, since the learned counsel for the respondent No.1 is not present before the Court, this Court permit Ms. R.B. Bora to communicate a copy of this order to the Office the Principal Chief Conservator of Forests. JUDGE Comparing Assistant