SRI DADUL CHANDRA BORAH v. THE STATE OF ASSAM AND 3 ORS
WP(C)/6960/2025 · 2025-12-15
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 24307 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24307 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010243372025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6960/2025 SRI DADUL CHANDRA BORAH SON OF DANDIRAM BORA, RESIDENT OF 3RD A.P. BN, TITABOR, POST OFFICE AND POLICE STATION- TITABOR, DISTRICT- JORHAT, ASSAM, PIN-
785630. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI -781006 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 3:THE COMMANDANT 3RD ASSAM POLICE BATTALION TITABOR DIST.- JORHAT 4:THE ACCOUNTANT GENERAL ASSAM BELTOLA GUWAHATI- 781028 Advocate for the Petitioner : MR. S BANIK, MR. K ISLAM,MR A RASHID,MR. D ROY,MR M CHETIA,MR T H HAZARIKA Advocate for the Respondent : GA, ASSAM, SC, AG (A AND E),SC, FINANCE
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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 16.12.2025
Heard Mr. S Banik, learned counsel for the petitioner. Also heard Mr. TC Chutia, learned Additional Senior Government Advocate, Assam, for the respondents no. 1 & 3. The petitioner before this Court is aggrieved that his leave salary, gratuity, pension etc have not been released although the petitioner superannuated from his service on 30.06.2006 as a Havildar under the 3rd Assam Police Battalion, Titabor. It is submitted that there is no Disciplinary Proceedings pending against the petitioner, however, one special case being Special Case No.2/2012 is pending before the Special Judge, CBI and it is stated that this may be the reason for non release of the claims of the writ petitioner. On a query made by the Court, learned counsel for the petitioner submits that no representation ventilating the grievances has been submitted by the writ petitioner. Under such circumstances, this Court is of the view that the petitioner be
Page No.# 3/3 given liberty to file a detailed representation ventilating his claims before the respondent authority, particularly, the respondent no.3. The said respondents will thereafter examine the claims of the writ petitioner and thereafter, pass a speaking order on the grievances raised in the said representation. Needless to say, any such speaking order that is passed by the respondents no.3 upon filing of the representation by the writ petitioner, copies thereof shall be served on the writ petitioner. The said exercise shall be carried out within a period of 60 (sixty) days from the date of receipt of a certified copy of this order.
It is provided that, in the event the grievance of the writ petitioner is not redressed, he shall have the liberty to have recourse to this Court again. The writ petition therefore stands disposed of in terms of the above. JUDGE Comparing Assistant