Page No.# 1/12 GAHC010125922017 2026:GAU-AS:9926 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1964/2017 SUJIARA BEGAM CHOUDHURY D/O- LATE KHALILUR RAHMAN CHOUDHURY, W/O- MD MARTUJA UDDIN CHOUDHURY, HIFJUR RAHMAN, VILL- DALOPAR, P.O- ASHALKANDI, DIST- KARIMGANJ, ASSAM, PRESENT ADDRESS- VILL- BAGHAN, P.O- KATHAITOLI, P.S- BAZARICHARA, DIST- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM and 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, SOCIAL WELFARE DEPTT. DISPUR, GUWAHATI- 6 2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZAN BAZAR GUWAHATI-1 3:THE CHILD DEVELOPMENT PROJECT OFFICER LOWAIRPOA ICDS PROJECT DIST- KARIMGANJ ASSAM 4:THE TREASURY OFFICER KARIMGANJ ASSA Advocate for the Petitioner : MD.M H CHOUDHURY, MR MONZUR K CHOUDHURY,TANZIM L. CHOUDHURY,R. BARUAH,MR. S N AHMED,MR.T A CHOUDHURY,MS.L N CHOUDHURY,MS.M DEORI,MS.S KHAN Advocate for the Respondent : MS.A VERMAR-2, GA, ASSAM,MS.S KHANIKAR(R-2) Page No.# 2/12 Linked Case : WP(C)/7949/2015 SUJIARA BEGAM CHOUDHURY D/O LT. KHALILUR RAHMAN CHOUDHURY W/O HIFJUR RAHMAN VILL- DALOPAR P.O. ASHALKANDI DIST. KARIMGANJ ASSAM. VERSUS THE STATE OF ASSAM and 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPARTMENT DISPUR GUWAHATI-6. 2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZAN BAZAR GUWAHATI -1. 3:THE CHILD DEVELOPMENT PROJECT OFFICER LOWAIPARA ICDS PROJECT. DIST. KARIMGANJ ASSAM. 4:THE TREASURY OFFICER KARIMGANJ ASSAM. ------------ Advocate for : MS.M DEORI Advocate for : MS.A VERMAR-2 appearing for THE STATE OF ASSAM and 3 ORS. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 20-07-2026 Heard Mr. M.K. Choudhury, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Senior Government Advocate appearing for the respondents. Page No.# 3/12 [2] The petitioner by way of instituting WP(C) No. 7949/2015, has prayed for a direction upon the respondent authorities to release to her, her due salaries including arrears. The petitioner by instituting WP(C) No. 1964/2017, has assailed an order, dated 06.03.2017, issued by the then Director, Social Welfare, Assam, placing the petitioner under suspension. [3] As projected in the writ petition, the petitioner was initially appointed as a Supervisor in Dullavcherra ICDS Project on contractual basis, vide an order dated 15.07.2004. The said appointment was so effected by the then Director, Social Welfare, Assam. While the petitioner was continuing with her said contractual appointment, a process of recruitment came to be initiated, for appointment against the available vacant posts of Supervisor, on regular basis. The petitioner participated in the said selection process and the petitioner being selected, she was appointed as a Supervisor, vide order dated 16.11.2005 on regular basis. The petitioner on her regular appointment as Supervisor, was posted in such capacity to the establishment of the Child Development Project Officer (CDPO), Dullavcherra ICDS Project. Thereafter, vide an order dated 03.11.2006, the petitioner was transferred and posted to the establishment of the CDPO Lowairpoa ICDS Project in the district of Karimganj, vice one Khaleka Begum, Supervisor, who was transferred and posted against the post then held by the petitioner. In the said order of transfer, the name of the petitioner was recorded as “Smti. Sujeana Begum”. The said error in recording the name of the petitioner in the order, dated 03.11.2006, was corrected vide issuance of a Corrigendum dated 12.03.2007. [4] It is projected that the petitioner on being released from the post of Supervisor, CDPO, Dullavcherra ICDS Project, vide an order dated 05.04.2007, Page No.# 4/12 had submitted her joining report before the CDPO, Lowairpoa ICDS Project, on 07.05.2007. The petitioner also submitted her last pay certificate issued by the CDPO, Dullavcherra ICDS Project. [5] It is projected that although the petitioner in compliance with the order of transfer, dated 03.11.2006 had joined in the establishment of the CDPO, Lowairpoa ICDS Project, as a Supervisor, her salaries were not being released. The petitioner approached the respondent authorities praying for release of her salary and the same having not been released, the petitioner had approached this Court by way of instituting the writ petition, being WP(C) No. 7949/2015. [6] The respondent authorities in the said writ petition have filed an affidavit, wherein it was projected that the present petitioner was not the person appointed as Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project and accordingly, she was held to be an impersonator. In view of the said allegation emanating against the petitioner, the then Director of Social Welfare, Assam, vide order dated 06.03.2017 placed the petitioner, herein under suspension. Being aggrieved by the order of suspension, the petitioner has again approached this Court by way of instituting the writ petition, being WP(C) No. 1964/2017. [7] The issues arising in the above noted 2 (two) writ petitions being interconnected, the same were taken up for hearing analogously, with the consent of the learned counsel for the parties and is being disposed of by the present order. [8] The learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that the allegations leveled against the petitioner of Page No.# 5/12 she being an impersonator was so leveled without there being any material brought on record to conclusively establish the said allegation. It is submitted that other than the petitioner herein, no other person has come forward to claim the post of Supervisor held by the petitioner, after her transfer to the establishment of the CDPO, Lowairpoa ICDS Project. It is submitted that the respondent authorities on a superficial examination of the matter had proceeded to draw a conclusion to the effect that the petitioner was, in fact an impersonator. [9] The learned counsel for the petitioner submits that the petitioner was earlier married to one Md. Hifzur Rahman. However, her husband having married her own younger sister, the petitioner had left the company of her husband after formally dissolving the marriage and had subsequently got married to one Md. Martuza Uddin Choudhury and was settled in village Baghan, Kathaitoli, in the district of Karimganj. [10] Mr. Choudhury, learned counsel for the petitioner further submits that from the materials brought on record by the respondents by way of filing an affidavit, no conclusion is permissible to be drawn that the petitioner is actually an Impersonator. He submits that it is the petitioner, who was initially appointed as Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project and thereafter transferred, vide order, dated 03.11.2006 to the establishment of the CDPO, Lowairpoa ICDS Project. He submits that the said position is further fortified from the last pay certificate produced by the petitioner, which was issued to her by the CDPO, Dullavcherra ICDS Project. [11] Mr. Choudhury, learned counsel for the petitioner submits that the respondent authorities have not resorted to any scientific examination of the Page No.# 6/12 documents pertaining to the petitioner, which were in existence both in the establishment of the CDPO, Dullavcherra ICDS Project as well as in the establishment of the CDPO, Lowairpoa ICDS Project. He submits that the then Director of Social Welfare, Assam, had referred the case of the petitioner to the Deputy Commissioner, Karimganj for an enquiry. He submits that the jurisdictional Deputy Commissioner, without affording an opportunity of hearing to the petitioner had submitted a report, vide Communication dated 06.03.2017 and therein, had held that the person, who had joined in the establishment of Lowairpoa ICDS Project, was not the person, who was earlier appointed as Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project and they were 2 (two) different individuals. He submits that the said communication further reveals that a detailed enquiry in the matter was pending. [12] In the above premises, Mr. Choudhury, learned counsel for the petitioner submits that there being no conclusive materials brought on record by the respondent authorities, the suspension of the petitioner would mandate an interference from this Court with a further direction to the respondent authorities to release to the petitioner her salaries in arrears along with the current salaries. [13] Per contra, Ms. Bhattacharjee, learned Senior Government Advocate, appearing for the respondents, submits that the Programme Officer, Divisional ICDS Cell, vide a Communication dated 22.06.2016, had brought on record the fact that the present petitioner was not the person, who was initially appointed as a Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project. The said aspect coming on record, the matter was referred by the Director, Social Welfare, Assam to the Deputy Commissioner, Karimganj for a detailed Page No.# 7/12 enquiry. The Deputy Commissioner, Karimganj after causing an enquiry into the matter and therein, examining the employees, who had worked in the establishment of the CDPO, Lowairpoa ICDS Project, as well as in the establishment of the CDPO, Dullavcherra ICDS Project, had come to a conclusion that the person “Smt. Sujiara Begam Choudhury”, who had joined as Supervisor, in the establishment of the CDPO, Lowairpoa ICDS Project, was not the same individual, who was appointed in such capacity in the establishment of the CDPO, Dullavcherra ICDS Project. She submits that the said report having come on record and therein, the petitioner being found to be an impersonator, the petitioner was placed under suspension, vide an order dated 06.03.2017, so as to prevent her from entering into the establishment of the CDPO, Lowairpoa ICDS Project. [14] She submits that from the materials brought on record in the proceedings of WP(C) No. 7949/2015, by the respondent authorities by way of filing an affidavit, it would be established that the claim of the petitioner for salary is not tenable. Accordingly, she submits that the present writ petitions would mandate dismissal in limine. [15] I have heard the learned counsel for the parties and also perused the materials available on record. [16] It is seen that one “Ms. Sujiara Begam Choudhary” was appointed after a process of selection as Supervisor, vide order dated 16.11.2005 and posted to the establishment of CDPO, Dullavcherra ICDS Project. The said person is found to have discharged her duties in such capacity in the said establishment, thereafter. After around a year, vide an order dated 03.11.2006, one “Smti. Sujeana Begum”, Supervisor in the establishment of the CDPO, Dullavcherra Page No.# 8/12 ICDS Project, was transferred and posted in the same capacity to the establishment of the CDPO, Lowairpoa ICDS Project. Thereafter, vide a Corrigendum dated 12.03.2007, the name of the “Smti. Sujeana Begum” as recorded in the order, dated 03.11.2006 was corrected as “Sujiara Begam Choudhury”. Accordingly, “Smti. Sujiara Begam Choudhury” is now found to have been transferred, vide order dated 03.11.2006 read with the Corrigendum dated 12.03.2007, to the establishment of the CDPO, Lowairpoa ICDS Project. [17] The said “Sujiara Begam Choudhury” joined against her transferred place of posting on 07.05.2007, by also producing a last pay certificate, reportedly issued to her by the CDPO, Dullavcherra ICDS Project. However, the salaries of the said “Sujiara Begam Choudhury”, who had now joined in the establishment of the CDPO, Lowairpoa ICDS Project was not released. The reason for non- release of the salaries of the said “Sujiara Begam Choudhury” after her joining in the establishment of the CDPO of Lowairpoa ICDS Project is spelt out in an affidavit filed by the then Director of Social Welfare, Assam in WP(C) 7949/2015. [18] A perusal of the contentions raised in the said affidavit would go to reveal that a doubt had arisen, as to whether the person “Sujiara Begam Choudhury” joining the establishment of the CDPO, Lowairpoa ICDS Project, was the same person, who was appointed as Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project. The Programme Officer, Divisional ICDS Cell, Silchar, having come to learn that the person, “Sujiara Begam Choudhury”, who had joined the establishment of the CDPO, Lowairpoa ICDS Project on transfer was not the same person, who was appointed as Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project, had brought the matter to the notice of the then Director, Social Welfare, Assam, vide a Communication dated Page No.# 9/12 22.06.2016. [19] The said information being placed before the then Director, Social Welfare, Assam, the matter was referred to the Deputy Commissioner, Karimganj by the Director, Social Welfare, Assam, vide a Communication dated 23.02.2017, requiring the latter to cause an enquiry in the matter and submit a report thereon. [20] From the materials brought on record, it is seen that a preliminary enquiry was carried out in the matter by the Deputy Commissioner, Karimganj and therein, basing on the materials coming on record, it was held that “Sujiara Begam Choudhury”, who had joined in the establishment of the CDPO, Dullavcherra ICDS Project and the person, who had joined at as Supervisor in the establishment of the CDPO, Lowairpoa ICDS Project also named “Sujiara Begam Choudhury” were two different individuals. The said conclusion was reached by the Deputy Commissioner, Karimganj basing on the statements recorded in the enquiry, of employees of the establishment of the CDPO, Lowairpoa ICDS Project as well as the employees of the establishment of the CDPO, Dullavcherra ICDS Project. The petitioner has contended that while the said enquiry was being so conducted, the petitioner was not given an opportunity to have her say in the matter. [21] From the discussion made herein above, it is seen that the respondents have drawn a conclusion basing on the materials coming on record that the present petitioner is not the “Sujiara Begam Choudhury”, who was appointed, vide order, dated 16.11.2005 as Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project and is an impersonator. However, the respondent authorities, although were having the reports in the matter from the Programme Page No.# 10/12 Officer, Divisional ICDS Cell, Silchar as well as from the Deputy Commissioner, Karimganj, is not found to have taken a final decision in the matter. [22] In view of a disputed position coming to the forefront and the materials on record not being sufficient for this Court to draw a conclusion to the effect that the present petitioner was the person, who was initially appointed as a Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project, vide order dated 16.11.2005 and thereafter had joined as Supervisor in the establishment of the CDPO, Lowairpoa ICDS Project, this Court in view of the disputed questions of fact coming on record would not proceed to pass any directions in favour of the petitioner at this stage. [23] Having drawn the said conclusion and this Court is of the considered view that for arriving at the due conclusion with regard to the fact as to whether it is the petitioner, herein, who had joined as the Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project, an enquiry would be mandated to be held. Accordingly, this Court directs the petitioner herein to submit a representation before the Director, Women and Child Development, Assam, within a period of 1 (one) month from today and therein, to bring on record all requisite materials to demonstrate that the present petitioner was the person, who was initially appointed as Supervisor in the establishment of the CDPO Dullavcherra ICDS Project and it was she, who, on being transferred, had joined as Supervisor in the establishment of the CDPO of Lowairpoa ICDS Project. [24] The Director, Women and Child Development, Assam, in the event of receipt of such representation within a period of 1 (one) month from today from the petitioner, shall schedule a date of hearing in the matter and issue notices to the petitioner, CDPO of Lowairpoa ICDS Project as well as the CDPO Page No.# 11/12 Dullavcherra ICDS Project. The Director shall also be at liberty to take such further steps as may be requisite for the purpose of determining the issue, as to whether the petitioner in the above noted writ petitions is in fact an impersonator or not. The reports available in the matter would also be permissible to be so considered. [25] The Director, Women and Child Development, Assam, after completion of the hearing in the matter shall pass a speaking order and therein, shall determine, as to whether the petitioner, Sujiara Begam Choudhury is the same person, who was initially appointed as a Supervisor in the establishment of the CDPO, Dullavcherra ICDS Project and who on transfer, has joined the establishment of the CDPO, Lowairpoa ICDS Project as a Supervisor and/or, as to whether the petitioner, herein, is an impersonator. Basing on the said conclusion reached by the Director, Women and Child Development, Assam on conclusion of the hearing of the matter, further steps as may be mandated in the matter shall be taken by him. [26] In the event, the Director is of the view, after conclusion of the hearing, that the petitioner is found to be an impersonator, he shall record the same in his speaking order and in such circumstances, the petitioner shall not be entitled to any service benefits. However, if the Director comes to a conclusion that the petitioner is not an impersonator and the person appointed, vide the order dated 16.11.2005 as Supervisor in the establishment of CDPO, Dullavcherra ICDS Project and the person joining as Supervisor in pursuance to an transfer order, in the establishment of the CDPO of Lowairpoa ICDS Project is one and the same person, shall also proceed to determine the benefits that would now required to be extended to the petitioner, herein. Page No.# 12/12 [27] The said exercise shall be initiated and concluded by the Director, Women and Child Development within a period of 6 (six) months from the date of receipt of a representation from the petitioner along with a certified copy of this order. [28] With the above observations and directions, the above noted writ petitions, being WP(C) No. 1964/2017 and WP(C) No. 7949/2015 stands disposed of. JUDGE Comparing Assistant