Page No.# 1/4 GAHC010235302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6195/2025 ASIF AHMED S/O ASHRAF AHMED R/O H/NO. 17, CITIZEN LANE, FA AHMED NAGAR, SIX MILE, GUWAHATI- 781022,P.O. AND P.S. DISPUR DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. THROUGH THE ADDL.CHIEF SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI - 781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI- 781006 3:THE SECRETARY PERSONAL DEPARTMENT STATE ENQUIRY OFFICER PANEL DISPUR GUWAHATI-781006. 4:THE SECRETARY PERSONAL DEPARTMENT STATE ENQUIRY OFFICER PANEL DISPUR GUWAHATI-781006 Page No.# 2/4 Advocate for the Petitioner : MR M H AHMED, MS. N SULTANA,I AMIN Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.11 .2025 Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned Government Advocate for the respondents Nos. 3 and 4. This writ petition is filed by the writ petitioner challenging the inaction of the respondent department towards non-completion of the departmental proceedings initiated against him. The petitioner is serving as Swachhata Officer (Assistant Chief Engineer) of the Guwahati Municipal Corporation, who was arrested on 21.10.2022 by the Chief Minister's Special Vigilance Cell and was detained for more than 48 hours. He was suspended from duty by order dated 31.10.2022. Thereafter, show-cause notice was issued to the petitioner levelling three charges against him. The petitioner submitted his reply and subsequently, he was reinstated in service by order dated 12.12.2024. However, the departmental proceedings initiated against him have not been completed. As a consequence the petitioner's promotion and other increments have been kept withheld, while his juniors have been promoted to the next higher post. In spite of repeated requests made by the petitioner to complete the departmental proceedings, the same has not been completed. Under such circumstances, the writ petitioner is before this Court. Page No.# 3/4 By order dated 03.11.2025, the learned Standing Counsel, Irrigation Department was permitted to obtain instructions. Today when the matter is listed, the learned Standing Counsel has placed before the Court a copy of the order dated 24.11.2025, whereby Sri. Bishnu Kamal Borah, ACS, Retd. Addl. Secy & Member, State Enquiry Officer Penal has been appointed as the Inquiry Officer for the enquiry to be held against the delinquent officer. It is further submitted by the learned counsel for the respondent that, pursuant to the appointment of the Inquiry Officer, the departmental proceedings have commenced and the matter was fixed on 27.11.2025. The learned counsel for the petitioner, however, is not instructed as to whether the petitioner had appeared on the date, on which he was asked to appear before the departmental proceedings. Be that as it may, since the fresh Inquiry Officer has been appointed, it is expected that the enquiry against the writ petitioner will be completed in a time-bound manner and upon the conclusions arrived at by the Inquiry Officer, the departmental authority will proceed to pass appropriate orders as permissible under law. Accordingly, this writ petition stands disposed of at this stage, directing the Secretary to the Government of Assam, Irrigation Department to ensure that the departmental proceedings initiated against the writ petitioner are proceeded with and completed in a time-bound manner, as expeditiously as possible within the outer limit of 90 days from the date of receipt of the certified copy of this order. The petitioner will also cooperate in order to the enquiry proceedings are conducted in a time-bound manner, as Page No.# 4/4 directed. Once the enquiry report is submitted, the Departmental Authority will also pass appropriate orders as permissible under law within 30 (thirty) days after the enquiry report is submitted. With the above observations, the writ petition stands disposed of. In the event the petitioner is included in the zone of consideration for promotion to the next higher post, his case may be placed before the Departmental Promotional Committee but kept in a sealed cover and to be opened after conclusion of the departmental proceedings. JUDGE Comparing Assistant