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2025 DAILYLAW 25859 (GAU)

ARUP JYOTI BHUYAN v. THE STATE OF ASSAM AND 3 ORS

WP(C)/5552/2025 · 2025-10-28

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010208222025 2025:GAU-AS:14435 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5552/2025 ARUP JYOTI BHUYAN SON OF LATE RATNESWAR BHUYAN, HOUSE NO. 35, ARUNUDOI PATH, P.O. AND P.S. HATIGAON, ASSAM, PIN- 781036. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ANIMAL HUSBANDARY AND VETERINARY DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDARY AND VETERINARY DEPARTMENT CHENIKUCHI GUWAHATI ASSAM-781003. 3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-781006. 4:THE PROJECT OFFICER PROJECT OFFICER (CRASH) INTENSIVE EGG AND POULTRY PRODUCTION ANIMAN HUSBANDARY AND VETERINARY DEPARTMENT KHANAPARA GUWAHATI-781022 Advocate for the Petitioner : MR. K BHATTACHARJEE, MS T BARUAH,MS. A BARMAN,MR. Page No.# 2/3 M SAIKIA,ABBASH U AHMED Advocate for the Respondent : GA, ASSAM, SC, A.H and V. DEPT. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 29.10.2025 Heard Mr. M Saikia, learned counsel for the petitioner. Also heard Mr. D J Boro learned counsel appearing on behalf of Mr. J K Goswami, learned Standing counsel, Animal Husbandry & Veterinary Department for the respondent Nos. 1, 2 & 4 as well as Mr. C K S Baruah, learned Government Advocate, Assam for the respondent No. 3. 2. By way of this petition under Article 226 of the Constitution of India, the writ petitioner is seeking a direction to the respondents to furnish information regarding the status of the disciplinary proceeding initiated against him and for a direction thereafter to complete the disciplinary proceeding within a short span of time and for communicating the outcome of the said departmental proceeding. The prime grievance of the writ petitioner is non-furnishing of the outcome of the departmental proceeding. 3. Mr. M Saikia, learned counsel for the petitioner draws the attention of this Court to the letter dated 29.08.2025, which was produced by the learned Standing counsel, Animal Husbandry & Veterinary Department on the last occasion, i.e., 26.09.2025, which is available in the records as Annexure-A, to indicate that the Deputy Secretary to the Government of Assam, Animal Husbandry & Veterinary Department, Dispur has decided to impose the penalty of withdrawal of pension for the first year of retirement recovering the same from future pension in respect of the petitioner and in order to impose such penalty a proposal has been sent to the APSC for the requisite approval. 4. Upon hearing the learned counsels for the parties and considering the materials available on record, it appears that the petitioner has submitted a representation on Page No.# 3/3 21.05.2025, which is annexed as Annexure-13 to the writ petition for information on the outcome of the departmental proceeding against him. 5. It is apparent that the departmental proceeding has been concluded. However, the outcome of the same is yet to be provided to the petitioner. 6. That being so, I am of the considered opinion that this writ petition can be disposed of, in the interest of justice, by directing the respondents to communicate the outcome of the departmental proceeding to the petitioner in accordance with law within a period of 3 (three) weeks from the date of receipt of certified copy of this order. 7. Ordered accordingly. 8. With the above observation and direction, this writ petition, stands allowed and disposed of. JUDGE Comparing Assistant