Page No.# 1/5 GAHC010271512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7004/2025 TAPAN TALUKDAR S/O SRI MRIGENDRA NATH TALUKDAR, R/O VILL.- KAWAIMARI, BLOCK 6, MOUZA- PAKA MAUJA, P.O. KARAGARI, P.S. SARTHEBARI, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT,GUWAHATI- 06, DIST- KAMRUP METRO, ASSAM 2:DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI DIST- KAMRUP METRO ASSAM 3:THE INSPECTOR GENERAL OF POLICE (ADMINISTRATION) ASSAM GUWAHATI DIST- KAMRUP METRO ASSAM 4:SENIOR SUPERINTENDENT OF POLICE DIST- MORIGAON ASSAM 5:SENIOR SUPERINTENDENT OF POLICE DIST- DHUBRI ASSAM Page No.# 2/5 6:THE ADDITIONAL SUPERINTENDENT OF POLICE (HQ) DIST- MORIGAON ENQUIRY OFFICER ASSA Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 08.12.2025 Heard Mr. S Borthakur, learned counsel for the petitioner. 2. The petitioner is aggrieved by the communication No. MRG/R/2025/Show Cause/2132 dated 25.11.2025 issued by the Senior Superintendent of Police, Morigaon-cum- Disciplinary Authority, calling upon the petitioner to submit his objection/comments/ submissions, if any with regard to the procedure adopted during the enquiry and conclusion drawn by the Enquiry Officer. The petitioner was also given liberty to place the submissions with regard to type and quantum of penalty, if the Disciplinary Authority decides to impose any penalty. All these objections/comments/submissions were required to be submitted by the petitioner within 10 (ten) days from the date of receipt of the communication. Learned counsel for the petitioner submits that a plain reading of this communication dated 25.11.2025 will reveal that the petitioner has been Page No.# 3/5 debarred from raising objection in respect of the materials placed by the petitioner in his defence and the manner of consideration of these materials by the Enquiry Officer. He therefore submits that this procedure adopted by the Disciplinary Authority is in conflict with the procedure prescribed under the Rules of 1964. He further submits that although the letter was issued on 25.11.2025, however, the petitioner received the same on 01.12.2025 and therefore, 10 (ten) days time will expire on 10.12.2025 which according to the petitioner is too short time to enable him to submit his response. 3. Mr. D Bora, learned Government Advocate, Assam, submits that at this stage, the writ petition is premature as the disciplinary proceedings is still underway and has not been concluded. However, if the Court desires then further time can be enlarged to the petitioner to file his objections/comments/submissions. 4. The communication dated 25.11.2025 reads as under: “Sub: Conclusion of Inquiry in the Departmental Proceeding No. 01/2025 drawn against you-Furnishing Inquiry Report inviting your objections/comments/submission if any- Reg. It is hereby informed that the Inquiry in the Departmental Proceeding No. 01/2025 drawn against you was concluded and the Inquiry Officer submitted his findings in the form of a report. The same is furnished herewith to you inviting your objections/ comments/ submissions if any with regard to the procedure adopted during the inquiry, conclusions drawn by the Inquiry Officer. You also have the liberty to place your submissions now, with Page No.# 4/5 regard to type and quantum of penalty if the disciplinary authority decides to impose any penalty. Your objections/comments/ submissions shall reach the undersigned in 10 days from the receipt of this communication else it would be assumed that you have nothing to represent and the matter would be decided accordingly. Further to be noted that this communication is issued in compliance with orders of APHQRs communicated vide Proc. Cell/ XXVII/31/2025/41 dated 29 October, 2025 in pursuance of judgment of Hon'ble Gauhati High Court on 19th September, 2025 in WP(C) No. 5191/2025. Enel: Inquiry report with all connected documents” 5. A perusal of the communication dated 25.11.2025 does not reflect that any restriction has been placed on the writ petitioner while submitting his objection/ comments/ submissions with regard to the materials or any other aspect in respect of the enquiry conducted by the Enquiry Officer to which the petitioner may raise his objection to. The Court is of the considered view that the submission of the Government Counsel in respect of the fact that the writ petition is premature in nature finds merit and therefore, at this stage this Court is not inclined to issue notice or embark on deciding the correctness of the enquiry at this stage. This Court is also of the opinion that the plain reading of the communication dated 25.11.2025 does not put any restriction on the petitioner regarding raising any objection which he may like to place before the Disciplinary Authority. Although no materials have been placed before the Court to show that the communication dated 25.11.2025 has been received by the Page No.# 5/5 petitioner on 01.12.2025, this Court accepts the oral submissions of the learned counsel for the petitioner made before this Court and therefore, the writ petition stands disposed of granting the petitioner further 10 (ten) days time from today to furnish/submit any objection/comments/submissions that he may like to place in response to the communication dated 25.11.2025. 6. If any such objections /comment /submissions are placed by the petitioner then the Disciplinary Authority will consider the same as per the provisions of Law. 7. With the above observations, without expressing anything on correctness of the procedure adopted and the conclusion arrived at during the enquiry proceedings, the writ petition stands disposed of without issuing any notice to the respondents. 8. The certified copy of this order may be placed by the petitioner as well as by learned Government Advocate, Assam before the Authorities. JUDGE Comparing Assistant