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2025 DAILYLAW 7056 (GAU)

JAYANTA KUMAR CHOUDHURY v. THE STATE OF ASSAM

WP(C)/943/2025 · 2025-08-17

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010024602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/943/2025 JAYANTA KUMAR CHOUDHURY S/O- KANDARPA CHOUDHURY, R/O- VILLAGE NIZ BORIGOG, P.O-KANIHA, P.S- RANGIA, DIST-KAMRUP, ASSAM, PIN-781380 VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. ASSAM, COOPERATIVE DEPARTMENT, GUWAHATI-06 2:THE REGISTRAR OF COOPERATIVE SOCIETIES KHANAPARA GUWAHATI-22 ASSAM 3:THE ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES KHANAPARA GUWAHATI-22 ASSAM 4:THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES KHANAPARA GUWAHATI-22 ASSAM 5:THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES JORHAT ASSAM 6:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES KHANAPARA GUWAHATI-22 Page No.# 2/4 ASSAM 7:THE DISCIPLINARY AUTHORITY REGISTRAR OF COOPERATIVE SOCIETIES KHANAPARA GUWAHATI-22 ASSAM 8:SELECTION COMMITTEE OF THE COOPERATIVE SOCIETIES ASSAM 9:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI-28 10:THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES KHANAPARA ASSA Advocate for the Petitioner : MR. SAJAL KUMAR SINGHA, MR. S K SINGHA,MR G PATHAK,MR. D CHOUDHURY Advocate for the Respondent : SC, CO OP, MR. R.K. TALUKDAR, (R-10), SC, AG (A AND E),MR. S.K. TALUKDAR, (R1-R9), SC, CO OP BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 18.08.2025 Heard Mr. G. Pathak, learned counsel for the petitioner. Also heard Mr. R.K. Talukdar, learned counsel for the respondent no. 10 and Mr. S.K. Talukdar, learned Standing Counsel for the Co-operation Department. The present writ petition has been filed seeking a direction to the respondents to promote the petitioner to the rank of Senior Inspector/Auditor under the Office of the Registrar of Co-operative Societies. The petitioner has also prayed for a further direction to the respondents to Page No.# 3/4 incorporate his name at the appropriate level in the gradation list, as the same has not been reflected therein. During the pendency of the writ petition, the departmental proceedings initiated against the petitioner have been concluded, resulting in the imposition of a penalty of withholding one increment for promotion, under Rule 7(ii) of the Assam Services (Discipline and Appeal) Rules, 1964. The petitioner was also warned not to engaged any such misconduct in the future and any recurrence to such Acts shall need to major penalty proceedings and disciplinary proceedings thereafter stood concluded by order dated 19.05.2025. Pursuant thereto, in the provisional gradation list of Junior Inspector/Auditor, Co-operative Society, published on 18.02.2025, the name of the petitioner appears at Serial No. 37. The learned counsel for the petitioner, therefore, submits that the grievances raised in the writ petition have already been redressed. It is further submitted, based on instructions and information available to him, no person from the provisional gradation list has been promoted to the next higher post of Senior Auditor. Consequently, no further cause of action survives in the writ petition to be urged before this Court. The learned counsel for the petitioner therefore submits that the writ petition be closed. Mr. Talukdar submits that he does not object to the prayer made. Accordingly, the writ petition stands closed. The copy of the order dated 19.05.2025 and the provisional gradation list published on 05.06.2025, as furnished before the Court by the petitioner are directed to be kept as part of the case records. Page No.# 4/4 Writ petition accordingly disposed of. Interim orders if any stands vacated. JUDGE Comparing Assistant