Page No.# 1/6 GAHC010194762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3275/2025 SRI ANANDA TOKBI S/O. LT. HAREN TOKBI, VILL. JUNGTHUNG TIMUNG GAON, P.S. DOKMOKA, P.O. DUARBAMUNI (DENGAON), DIST. KARBI ANGLONG, ASSAM PRESENTLY POSTED AS SUB-DIVISIONAL POLICE OFFICER, NAZIRA, SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI 2:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM HOME(A) DEPARTMENT DISPUR GUWAHATI ASSAM 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI ASSAM 4:ADDITIONAL DIRECTOR GENERAL OF POLICE STF ASSAM SRIMANTAPUR GUWAHATI-32 AND ENQUIRY OFFICE Advocate for the Petitioner : MR D N BHATTACHARYYA, Page No.# 2/6 Advocate for the Respondent : GA, ASSAM, Linked Case : WP(C)/4972/2018 ANANDA TOKBI S/O. LT. HAREN TOKBI VILL. JUNGTHUNG TIMUNG GAON P.S. DOKMOKA P.O. DUARBAMUNI (DENGAON) DIST. KARBI ANGLONG ASSAM PRESENTLY POSTED AS SUB-DIVISIONAL POLICE OFFICER NAZIRA SIVASAGAR ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPTT. DISPUR GHY.-06. 2:THE ADDL. SECRETARY TO THE GOVT. OF ASSAM HOME (A) DEPTT. DISPUR GHY. ASSAM. 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-07 ASSAM. 4:THE ENQUIRY OFFICER THE ADDITIONAL DIRECTOR GENERAL OF POLICE STF ASSAM SRIMANTAPUR GUWAHATI- 32. Page No.# 3/6 ------------ Advocate for : MR. B C DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.11.2025 Heard Mr. D.N. Bhattacharyee, learned counsel for he applicant. Also heard Mr. T.C Chutia, learned Addl. Senior Government Advocate for the State. The applicant has filed this interlocutory application seeking amendment of the writ petition being W.P.(C) No. 4972/2018 which has already been filed by the petitioner and the same is pending. The writ petition has challenged the order passed by the disciplinary authority against the petitioner/applicant. However, prior to filing the writ petition, the petitioner had also preferred a statutory appeal as prescribed under the Assam Services (Disciplinary and Appeal) Rules 1964. This appeal at the time when the writ petition was filed was not disposed of. Subsequently, this appeal came to be disposed of by order dated 12.08.2025 whereby the appeal has been dismissed. Since the appeal preferred by the petitioner has been dismissed putting a challenge to the order passed by the disciplinary authority and since the order passed by the disciplinary authority is also assailed in the writ petition, the applicant has filed this application seeking amendment to the writ petition to incorporate the necessary amendments for assailing the order passed by the appellate authority. Mr. T. C. Chutia, learned Addl. Senior Government Advocate for the Respondent submits that since the affidavit has already been filed by the State and the matter was at the stage of being heard, at this stage the amendment Page No.# 4/6 should not be allowed. Considering the submissions made and also upon perusal of the order passed by the appellate authority, this Court is of the view that the writ petition essentially challenges the order passed by the disciplinary authority dated 12.08.2025, whereby punishment of withdrawal of one increment was imposed. Prior to filing the writ petition, the petitioner also filed an appeal before the statutory authority prescribed under the Rules of 1964. The appellate authority did not dispose of the appeal at the relevant point in time because of which the petitioner had approached this Court. However, during the pendency of the appeal, the appeal was disposed of by order dated 12.08.2025 confirming the order passed by the disciplinary authority. Under such circumstances, the present applicant has filed an application for amendment of the writ petition so that the order of the appellate authority can also be assailed. Under the principles of Order VI Rule 17 of the CPC, the amendments are to be allowed, subject to the condition that it does not change the nature of the suit. In the present proceedings, the challenge is to the order passed by the disciplinary authority imposing punishment on the writ petitioner and which came to be upheld by the appellate authority. The grant of amendment at this stage, according to the Court, will not alter the structure or the nature of the writ petition. Rather, it will reduce the multiplicity of litigation which the writ petitioner otherwise may be required to file before the Court by a separate proceeding challenging the order passed in the appeal. Under such circumstances, this Interlocutory Applicaton stands allowed. The applicant is permitted to make necessary amendments as reflected in Page No.# 5/6 Paragraph 5 of the Interlocutory Application. Paragraph 5 of the Interlocutory Application reads as under: 5 That the proposed amendments to be made in the Writ Petition are as follows: (A) In the Cause Title of the writ petition, it may be amended as follows. “ IN THE MATTER OF: Order No. eCF-6496/504 dated 12-08-2025 passed by the Commissioner & Secretary to the Government of Assam, Home & Political Department dismissing the Appeal dated 18-04-2018 preferred by the petitioner arbitrarily beyond the period of limitation after more than 7 years”. (B) After the paragraph 11 the following paragraph as paragraph 11A may be added: “That the petitioner begs to state that the Appeal dated 18-04-2018 was dismissed by the order dated 12-08-2025 passed by the Commissioner & Secretary to the Government of Assam, Home & Political Department, Dispur, Guwahati after more than 7 years. Whereas it ought to be disposed of as expeditiously as possible, in no case the disposal of an appeal shall not exceed the period of three months from the date of receipt of appeal by the Authority. Therefore, the disposal of the appeal after more than 7 years is arbitrary and a clear violation of the provision of the Assam Services (Disciple & Appeal) Rules, 1964 and as such liable to be set aside on that ground alone. A copy of the Order of dismissal of Appeal dated 12-08-2025 is annexed herein and marked as Annexure-10” (C) After the paragraph 18, a paragraph may be added: “18. (A) That the petitioner begs to state that an Appeal under of the Assam Services (Disciple & Appeal) Rules, 1964 has to be disposed of in strict adherence to the statutory provisions and within the period of limitation prescribed by the afore said Rules. The Order dismissing the appeal should be disposed of by a reasoned order clearly stating the grounds under which the appeal is dismissed. In the instant case, the Appeal dated 18-04-2018 was disposed by the impugned order without giving any ground of dismissal after the 7 years of its filing and as such it is arbitrary and violative of the provisions of the Assam Services (Discipline & Appeal) Rules, 1964 amounts to denial a proper and reasonable opportunity of defending himself and as such liable to set aside and quashed” (D) The prayer may be amended by incorporating a new prayer as (b) (i) as follows. “(b) (i) a writ of or in the nature of Certiorari and/or any other appropriate writ, order or direction of like nature shall not issue to set aside and quash the Order of dismissal of Appeal dated 12-08-2025.” Let these paragraphs be incorporated in or after the paragraphs as Page No.# 6/6 indicated in Paragraph 5 of this Interlocutory Application. Accordingly, the Interlocutory Application stands allowed. The applicant/writ petitioner, will file amended writ petition within four weeks from today and the matter be placed before the Court thereafter. The respondents are also permitted to file additional affidavit in opposition if they are so advised pursuant to the amended writ petition being filed and copies thereof be served on the respondents. JUDGE Comparing Assistant