Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7246 (GAU)

MD. SALIM ALI v. THE STATE OF ASSAM AND 5 ORS

WP(C)/869/2024 · 2025-05-22

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010026962024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/869/2024 MD. SALIM ALI S/O. IBRAHIM ALI, VILL- SECONEE BORHULA, MOUZA- CHOTIAL, PIN- 782136, DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY BY THE COMMISSIONER AND SECRETARY OF GOVT. OF ASSAM REVENUE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DEPUTY COMMISSIONER NAGAON P.O- NAGAON DIST. NAGAON (ASSAM) PIN- 782002 3:ADDL. DY. COMMISSIONER REVENUE NAGAON P.O. NAGAON DIST. NAGAON (ASSAM) PIN- 782002 4:SELECTION COMMITTEE FOR THE SELECTION OF GAON PRADHAN IN 14 NOS. SECONEE BORHULA UNDER REVENUE CIRCLE OF KALIABOR NAGAON ASSAM 5:THE SUB-DIVISONAL OFFICER KALIABOR KALIABOR (REVENUE BRANCH) DIST. NAGAON Page No.# 2/5 ASSAM. 6:THE CIRCLE OFFICER KALIABOR REVENUE CIRCLE DIST. NAGAON ASSA Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 23.05.2025 Heard Ms. G Borah, learned counsel for the petitioner. Also heard Ms. A Talukdar, learned Junior Government Advocate, Assam and Mr. J Handique, learned Standing Counsel, Revenue Department. 2. This writ petition is filed by the petitioner who claims that in pursuance to the advertisement bearing no. NRK 31/2022/52 dated 05.09.2022 for the post of Gram Pradhan, the petitioner applied for the same and he was selected as a Gaon Pradhan of village Seconee Borhula under the Kaliabor Revenue Circle, Chatial Mouza under the District of Nagaon, Assam as per the selection list published on 11.03.2023. In the selection list dated 11.03.2023, which is available in the web-portal, the petitioner's name appeared at Serial No. 13, indicating Mouza Chatial; Lot/Village No. 14, Seconee Borhula; and the selected Page No.# 3/5 candidate's name as the petitioner, namely Salim Ali. Although the select list was published on 11.03.2023, no appointment order has been issued by the concerned authorities appointing the petitioner to assume the office of Gaon Pradhan. While the matter was thus situated, the petitioner came to be informed that some local residents had filed an objection before the Circle Officer, Kaliabor Revenue Circle against the appointment of the petitioner, namely, Salim Ali. Pursuant to which the petitioner was informed and he also submitted his representation/objection before the concerned Circle Officer. Therefore, the Circle Officer concluded the enquiry and submitted the report before the Additional Deputy Commissioner, Nagaon. Since no order have been yet been passed by the Additional Deputy Commissioner, Nagaon or Deputy Commissioner, Nagaon and the petitioner although was the selected candidate, no order for appointment has yet been issued. Being aggrieved, the present writ petition has been filed. 3. Learned counsel for the respondents disputed the contention raised by the petitioner and filed their affidavit-in-opposition. The affidavit-in-opposition enclosed the enquiry report submitted by the Circle officer, Kaliabor Revenue Circle after the enquiry. From the perusal of the said enquiry report it is seen that some complaint were raised by some persons belonging to the Assam Tea Page No.# 4/5 Tribes Students’ Association (ATTSA), Kaliabor and various allegation were made against the writ petitioner. There is no dispute that, pursuant to the enquiry report furnished, no specific order has yet been issued by the respondent authorities. 4. It is not in dispute that the petitioner had appeared for the selection process undertaken for the appointment for the post Gaon Pradhan and was selected as Gaon Pradhan of village Seconee Borhula under the Kaliabor Revenue Circle, Chatial Mouza under the District of Nagaon. 5. Under such circumstances, at this stage without expressing anything on merit, this writ petition stands disposed of with a direction to the Deputy Commissioner, Nagaon to look into the grievances of the writ petitioner and take necessary steps for passing an appropriate order for appointment of the writ petitioner, if, in the event no other person has been appointed in the said post of Gaon Pradhan. If the selection and appointment of the petitioner is found not to be in accordance with the provisions of law, then before taking any steps, the petitioner ought to be given notice and afforded an opportunity of hearing. Let the order be carried out within 30 (thirty) days from the date of receipt of a certified copy of this order. Page No.# 5/5 6. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant