Page No.# 1/3 GAHC010001442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/59/2025 FOOD CORPORATION OF INDIA (FCI) AND ORS ZONAL OFFICE (NORTH EAST), GUWAHATI, REPRESENTED BY THE EXECUTIVE DIRECTOR (NE). 2: THE GENERAL MANAGER (R) REGIONAL OFFICE FCI ASSAM. 3: THE DIVISIONAL MANAGER FCI TEZPUR DIST.- SONITPUR ASSAM. 4: THE DIVISIONAL MANAGER FCI NORTH LAKHIMPUR ASSAM VERSUS MD. ABDUL LATIF SON OF MD. ABDUL HAMID, RESIDENT OF ANIRUDDHA PATH, NEAR BANK OF INDIA, KAMARCHUBURI, TEZPUR, DISTRICT- SONITPUR AND PERMANENT RESIDENT OF KWAKTA WARD NO. 08, MOIRANG SUB- DIVISION, BISHNUPUR, MOIRANG, MANIPUR- 785133. Advocate for the Petitioner : SC, F C I, Advocate for the Respondent : MR D NANDI, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 08.04.2025 Heard Mr. B. K. Singh, learned counsel for the applicants. Also heard Ms. M. Kumari, learned counsel appearing for the OP/writ petitioner. This I.A. has been filed with a prayer to vacate the interim order dated 24.05.2024 passed by this Court in WP(C) No.2521/2024 and the subsequent order dated 11.11.2024 by means of which, the said interim order had been extended until further orders. The facts of the case, in a nutshell, are that the OP/writ petitioner has been subjected to a departmental proceeding and a criminal investigation in connection with a criminal case which are apparently based on the same set of facts, allegations and evidence. Taking not of such circumstances, the learned Single Judge had passed the interim order dated 24.05.2024 by observing that “On perusal of the Memorandum of Charge-sheet and the Memorandum of Article of Charges, prima facie it appears that the departmental proceeding is sought to be proceeded on the similar and identical facts, evidence and documents.” The matter again came up for consideration before this Court whereby, after hearing the learned counsel for both the sides, this Court had passed the order dated 11.11.2024, extending the interim order dated 24.05.2024 until further orders. The issue involved in the writ petition is a legal issue which is covered by several decisions of the Supreme Court of India. As such, vacating the interim order passed by this Court would amount to dismissal of the writ petition without a Page No.# 3/3 hearing. Moreover, since the order dated 11.11.2024 was issued after hearing the learned counsel for the applicants i.e. the respondents in the writ petition, the question of vacating the same on the ground urged in the I.A. would not arise in the eyes of law. In view of the above, the I.A. stands dismissed. Considering the urgency expressed by Mr. Singh, learned counsel for the applicant, the writ petition is directed to be listed for hearing on 08.05.2025 as a fixed item. The matter will be taken up for disposal on that day. Parties to come prepared accordingly. JUDGE Comparing Assistant