Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1059/2025 ALOK KONWAR S/O- SRI SATYA NATH KONWAR, R/O- BHEHPARA, DIST- DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HOME (A) DEPARTMENT, 3RD FLOOR, CM BLOCK JANATA BHAWAN, DISPUR, GUWAHATI, ASSAM- 781006 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI ASSAM- 781007 3:THE INSPECTOR GENERAL OF POLICE NORTH EASTERN RANGE TINSUKIA ASSAM 4:SUPERINTENDENT OF POLICE DIBRUGARH CUM DISCIPLINARY AUTHORITY OPP. S. P. BUNGLOW PHOOL BAGAN DIBRUGARH ASSAM 786001 5:SUPERINTENDENT OF POLICE DHEMAJI
Page No.# 2/4 NATIONAL HIGHWAY 52 RAM NAGAR DHEMAJI ASSAM 787057 6:ADDITIONAL SUPERINTENDENT OF POLICE (HQ) DIBRUGARH CUM ENQUIRY OFFICER OPP. S. P. BUNGLOW PHOOL BAGAN DIBRUGARH ASSAM 78600 Advocate for the Petitioner : MR. P BORA, MS K BHATTACHARYYA,MS K SARMA Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 22.04
.2025 Heard Mr. P. Bora, learned Senior Counsel assisted by Ms. K. Bhattacharyya, learned counsel for the applicant. Also heard Mr. D. Bora, learned Government Advocate appearing for all the opposite parties. The accompanying writ petition being WP(C) No.3874/2024 was filed by the petitioner putting to challenge the orders passed by the opposite party against the writ petitioner dismissing the petitioner from service as well as the subsequent order passed by the appellate authority of dismissing the statutory appeal filed by the petitioner. This Court by order dated 05.08.2024 while issuing rule permitted the respondent counsel to look into the aspect for release of subsistence allowance and steps were directed to be taken to release of the
Page No.# 3/4 same. It is submitted by the learned Senior Counsel notwithstanding the said direction issued, the subsistence allowance has not been released. The petitioner has also approached the competent authority namely Superintendent of Police, Dibrugarh by the representation dated 22.08.2024 enclosing a copy of the order dated 05.08.2024 passed by this Court in the WP(C) No.3874/2024. However, the subsistence allowance has not yet been released. Being aggrieved the present Interlocutory Application has been filed praying for suitable directions. Mr. D. Bora, learned Government Advocate submits that his instructions in the matter are not complete and he would like to obtain required instructions in the matter.
The present Interlocutory Application filed for a direction to the respondent authorities for release of the subsistence allowance during the period which the petitioner was kept under deemed suspension. This Court by earlier order dated 05.08.2024 had already directed the respondents to look into the matter and pass necessary orders. In spite of such specific orders the petitioner as an applicant is before the Court praying for appropriate orders as the subsistence allowance has not yet been released. Considering the submissions made and also taking into consideration the earlier order dated 05.08.2024 passed by the Court in the accompanying writ petition. This Court considers it appropriate to close the interlocutory application
Page No.# 4/4 at this stage to reiterate the directions already been issued by this Court by issuing a specific direction to the respondent No.2, the Director General and more particularly the Superintendent of Police, Dibrugarh District cum- Disciplinary Authority to forthwith release the subsistence allowance payable to the petitioner during the period when he was under suspension, from the date on which he was placed under suspension vide order dated 09.01.2023 till the date the said suspension order was continued against the writ petitioner. The entitlement of the petitioner shall be worked out as directed here and herein above and shall be released as expeditiously as possible within the outer limit of 60 days from the date of receipt of the certified copy of this order. Interlocutory Application accordingly stands allowed. JUDGE Comparing Assistant