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2025 DAILYLAW 9386 (GAU)

HIMANGSHU BAISHYA v. STATE OF ASSAM AND ANR

WP(C)/1621/2025 · 2025-05-08

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010057332025 2025:GAU-AS:5746 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1621/2025 HIMANGSHU BAISHYA S/O- SRI JOGENDRA BAISHYA, R/O- H/NO. 16A, BYE LANE NO. 4, JATIA, NEAR SBI KAHILIPARA, P.O. SACHIVALAY, P.S. DISPUR, GUWAHATI, DIST. KAMRUP METRO, ASSAM VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SPORTS AND YOUTH WELFARE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR SPORTS AND YOUTH WELFARE ASSAM DISPUR GUWAHATI-6 Advocate for the Petitioner : MR. D P BORAH, MR U GHOSH Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 09.05.2025. Heard Mr. D.P. Borah, learned counsel for the petitioner. Also heard Mr. Page No.# 2/2 J.K. Goswami, learned Addl. Senior Govt. Advocate, Assam for the respondents. The challenge made in this writ petition is to the suspension order dated 21.02.2025, passed by the Director, Sports & Youth Welfare, Assam, Dispur, Guwqahati-6, whereby the petitioner who is serving as Senior Assistant in the office of the Commanding Officer, 1 Assam Bn NCC, Guwahati, has been placed under suspension, on the ground that the petitioner was arrested on 18.11.2024, in view of serious charges in connection with Dispur P.S. Case No.1242/2024, under Sections 127(2)/118(2)/109/3(5) of the BNS, 2023. Mr. J.K. Goswami, learned Addl. Senior Govt. Advocate, Assam, by placing the minutes of the review meeting held on 27.03.2025, submits that a decision has been taken to withdraw the suspension of the petitioner and reinstate him in his previous post. Having considered the decision of the review meeting and as agreed to by the learned counsel for the parties, I am of the considered view that no live issue remains to be adjudicated. Accordingly, this writ petition stands closed. Needless to observe that in view of the decision taken by the Committee that the suspension order would be withdrawn and the petitioner shall be reinstated in his previous post, by issuing necessary instruction for the same, the respondent authorities would reinstate the petitioner, in his previous service. JUDGE Comparing Assistant