BARASHA BORAH BORDOLOI v. THE STATE OF ASSAM AND ORS
WP(C)/4478/2025 · 2026-04-07
N Unni Krishnan Nair
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 2595 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 2595 (GAU) · dailylaw.ai ]
Judgment text
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4478/2025 BARASHA BORAH BORDOLOI W/O LT DHARANI BORDOLOI R/O AMAR ENCLAVE FALT NO. D 412 SURVEY BELTOLA GUWAHATI 28 PO BELTOLA AND PS BASISTHA KAMRUP METRO ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EXCISE DEPTT DISPUR GUWAHATI 6 2:THE SECRETARY TO THE GOVT OF ASSAM EXCISE DEPTT DISPUR GUWAHATI 6 3:THE SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT ASSAM DISPUR GUWAHATI 6 4:THE PRINCIPAL ACCOUNTANT GENERAL ASSAM MOIFDAMGAON BELTOLA DISPUR GUWAHATI 28 5:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI 6 6:THE SUPERINTENDENT OF EXCISE MORIGAONMORIGAON ASSAM 7:THE TREASURY OFFICER MORIGAON TREASURY DIST MORIGAON ASSAM ------------ Advocate for : MR. J I BORBHUIYA Advocate for : SC EXCISE DEPTT. appearing for THE STATE OF ASSAM AND ORS
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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 08.04.2026
Mr. J. I. Borbhuiya, learned counsel, appearing for the petitioner has submitted that the petitioner in the present writ petition as prayed for release of admissible provisional pension w.e.f. 31.07.2023, i.e. the date of her superannuation from services. He submits that the petitioner was subjected to a Departmental proceeding vide issuance of a show-cause notice dated
23.08.2022. He submits that on conclusion of the said Departmental proceedings, the petitioner having superannuated from her services, in the meanwhile, the respondent authorities invoking the provisions of Rule 21 of the Assam Services (Pension) Rules, 1969, has directed for withholding of the whole of the pension receivable by the petitioner, vide issuance of an order dated
12.03.2026. In view of the above, he submits that the present writ petition has become infructuous and the same be closed with liberty to the petitioner to assail the order dated 12.03.2026. Prayer accepted. The present writ petition stands closed as having become infructuous. The petitioner, however, would be at liberty to assail the order of the Disciplinary Authority dated 12.03.2026, in accordance with law. JUDGE Comparing Assistant