Page No.# 1/4 GAHC010118662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3075/2025 ALTAF ALI S/O EUSHUF ALI L.D. ASSISTANT IN THE O/O THE ZONAL JOINT REGISTRAR OFFICE DIST JORHAT ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE SECRETARY TO THE GOVT OF ASSAM DEPTT OF COOPERATION DISPUR GUWAHATI 781006 ASSAM 2:THE SECRETARY DEPTT OF COOPERATION DISPUR GUWAHATI ASSAM 3:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI 4:THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES DIBRUGARH ASSAM 5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES TINSUKIA ASSA Advocate for the Petitioner : MR S M ABDULLAH P, MS F HUSSAIN,MD R ISLAM,MD IMRAN Advocate for the Respondent : SC, CO OP, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 29.10.2025 Heard Ms. F Hussain, learned counsel for the petitioner and Mr. SK Talukdar, learned Standing Counsel, Co-operation Department. 2. The petitioner before this Court is an employee of the Department of Co-operation and was serving as an L.D.A.-cum-Assistant in the Office of the Assistant Registrar of Cooperative Societies, Tinsukia, at the relevant point of time. During his service in his last place of posting, he was placed under suspension. Thereafter, the Departmental Proceedings were initiated and on the basis of the report of the enquiry, the Disciplinary Authority has inflicted the punishment of withholding one annual increment with cumulative effect vide order dated 02.07.2022. The period of absence of the writ petitioner from 23.08.2018 to 05.10.2018 was held to be unauthorized leave. Being aggrieved, the petitioner preferred an appeal before the Appellate Authority. A copy of which is enclosed to the writ petition reflects that the appeal filed by the petitioner was received by the Appellate Authority on 07.04.2025. Since no order has been passed in the Appellate Authority, the writ petitioner has approached this Court challenging the order dated 02.07.2022 passed by the Departmental Page No.# 3/4 Authority. 3. Notice in the matter was issued on 06.06.2025 and thereafter, various opportunities were given to the respondents Department to complete their instructions. 4. Today when the matter was called up, Learned Standing Counsel, Cooperation Department submits that instructions on the status of the appeal are still awaited. 5. In that view of the matter, this Court is of the considered opinion that since the statutory appeal has been preferred by the writ petitioner and the same is presently pending disposal before the Appellate Authority, at this stage the writ petition can be closed directing the Appellate Authority, namely, the respondent no.3, the Registrar of Co-operative Societies to dispose of the appeal preferred by the petitioner against the order dated 02.07.2022 passed by the Disciplinary Authority within a period of 60 (sixty) days from the date of receipt of a certified copy of this order. In the event the appeal is found to have been filed by the petitioner before any other authority then the respondent no.3 will ensure that the said appeal filed by the petitioner is duly called for and is placed before the respondent no.3 and thereafter, the appeal shall be disposed of in terms of the direction given by the Court today after following the necessary provisions of the law. The petitioner is also permitted to take additional grounds in the appeal Page No.# 4/4 that is already filed and pending before the Appellate Authority. 6. Writ petition accordingly, stands disposed of in terms of the above. No order as to cost. JUDGE Comparing Assistant