Page No.# 1/4 GAHC010032732025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/984/2025 RATNESWAR GOYARI S/O- THALINDRA GOYARI, VILL- DIPHU TOWN, NEAR CIVIL HOSPITAL, PS DIPHU, DIST- KARBI ANGLONG (ASSAM), PIN- 782460 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, HILL AREAS DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE SECRETARY TO GOVT. OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI-781006. 3:THE PRINCIPAL SECRETARY (T) DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DISTRICT- DIMA HASAO PIN- 788819. 4:THE ADDITIONAL CHIEF ENGINEER WATER RESOURCES DEPARTMENT ASSAM (HILLS) HAFLONG DISTRICT- DIMA HASAO PIN- 788819. 5:THE EXECUTIVE ENGINEER WATER RESOURCES Page No.# 2/4 HAFLONG DISTRICT- DIMA HASAO PIN- 788819 Advocate for the Petitioner : MR. B BARUAH, MR U RONGPI Advocate for the Respondent : GA, ASSAM, SC, DIMA HASAO,SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 03.12.2025 Heard Mr. B Baruah, learned counsel for the petitioner. Also heard Mr. D Bora, learned Government Advocate for the respondent No. 1 and Mr. R.M Das, learned Standing Counsel, Dima Hasao Autonomous Council. This writ petition is filed by the petitioner putting a challenge to the order of dismissal of the writ petitioner from service. Pursuant to an enquiry instituted, the Principal Secretary, Dima Hasao Autonomous Council by order dated 07.07.2013 accepted the findings arrived at by the enquiry officer and dismissed the petitioner from service and also directed recovery of the missing/misappropriated Government money from the writ petitioner. Criminal cases were also instituted against the writ petitioner. The writ petitioner has assailed this order of dismissal on the ground that the enquiry was conducted ex-parte and no opportunity was granted to the writ petitioner and he could not afford to appear before the authorities as no subsistence allowance was paid to the petitioner during the period of suspension. Subsequently, the Court of Addl. Chief Judicial Magistrate, Dima Hasao by Judgment dated 19.09.2024 passed in G.R Case No. 155/2013 (FIR No. 82/2013 dated 08.07.2013, Haflong P.S) Page No.# 3/4 acquitted the petitioner and another of the charges. They were set at liberty and their bail bond was also discharged. Pursuant to the acquittal of the writ petitioner, the Deputy Chief Engineer, Water Resources Department has communicated on 21.05.2025 to the Principal Secretary, Dima Hasao Autonomous Council for taking necessary action in the matter regarding review. According to the writ petitioner by this communication, the Water Resources Department authorities has requested the Principal Secretary, Dima Hasao Autonomous Council, Haflong for review of the order passed by the disciplinary authority dismissing the petitioner from service as the petitioner was acquitted in the Criminal Case. This communications are brought on record by filing an additional affidavit. It is the submission of the learned counsel for the petitioner that at this stage the writ petition can be closed with a direction to the Principal Secretary, Dima Hasao Autonomous Council to examine the matter and pass appropriate orders on the prayer seeking review of the departmental proceedings leading to dismissal of the petitioner. The petitioner therefore submits that at this stage the writ petition be closed permitting the department to examine the matter and pass appropriate order. The prayers made is not disputed by the learned counsel appearing for the respondents. Considering the prayer made, this Court is of the view that the writ petition be closed without expressing anything on merit enabling the respondent department to examine the matter and pass appropriate orders if permitted in law. The matter be examined and appropriate order(s) be passed thereon within a period of 90 days from the date of receipt of a certified copy of this order. Page No.# 4/4 The writ petition stand disposed of. Interim order if any stands vacated. JUDGE Comparing Assistant