Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 26588 (GAU)

THE SECRETARY GOVT OF ASSAM v. MANOHAR DEKA AND 3 ORS

I.A.(Civil)/3085/2025 · 2025-12-17

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010208842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3085/2025 THE SECRETARY GOVT OF ASSAM FINANCE DEPARTMENT, DISPUR GUWAHATI 6 VERSUS MANOHAR DEKA AND 3 ORS S/O LATE ATOHURAM DEKA, RESIDENT OF HOUSE NO. 16, BHAGADUTTA PATH. M.T ROAD, GEETANAGAR, GUWAHATI 21, FORMELY SERVING AS FINANCIAL ADVISER, ADMINISTRATIVE REFORMS, TRAINING , P AND PG DEPARTMENT, DISPUR GUWAHTAI 06 2:THE SECRETARY TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPARTMENT DISPUR GUWAHATI 781006 3:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI 2 Advocate for the Petitioner : MR A CHALIHA, MR. R BORPUJARI,MR P NAYAK,MR. B GOGOI Advocate for the Respondent : GA, ASSAM, S K LAHAN(R-1),MR. N BORAH (R-1),SC, AG (A AND E) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 18.12.2025 Heard Mr. R. Borpujari, learned counsel for the applicant. Also heard Mr. N. Borah, learned counsel for the opposite party No. 1; and Mr. R.K. Talukdar, learned counsel for the opposite party No. 4. 2. This interlocutory application is preferred by the Secretary to the Government of Assam, Finance Department, seeking at least three months time w.e.f. 22.08.2025, for complying with the direction issued by this Court, vide order dated 06.03.2025, passed in WP(C) No. 409/2023. 3. Mr. Borpujari, learned counsel for the applicant submits that though a Co- ordinate Bench of this Court, vide order dated 06.03.2025, in WP(C) No. 409/2023, had directed the applicant to complete the departmental proceeding against the opposite party No. 1, the same could not be completed and as such, Mr. Borpujari submits that further four weeks time may be granted, so that the departmental proceeding against the opposite party No. 1, can be completed in the meantime. 4. Mr. Borah, learned counsel for the opposite party No. 1, however, has vehemently opposed the application on the ground that the order dated 06.03.2025, comprises of two parts and in the other part of the order, there was a direction to pay the pension and pensionary benefits to the opposite party No. 1, if within the period of 120 days, the departmental proceeding could not completed against the opposite party No. 1, and that part has not yet been complied with. Page No.# 3/3 4.1. Mr. Borah also submits that one contempt proceeding, being Cont.Cas(C) No. 463/2025, and another writ petition, being WP(C) No. 5785/2025, have also been preferred by the opposite party No. 1 and in that view of the matter, the non-compliance part of the order dated 06.03.2025, has to be adjudicated in Cont.Cas(C) No. 463/2025, and also in WP(C) No. 5785/2025, and that here only the issue is for extension of time for completion of departmental proceeding that has been pending against the opposite party No. 1. 5. In view of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to grant further four weeks time to the applicant herein to complete the departmental proceeding initiated against the opposite party No. 1. 6. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant