Page No.# 1/12 GAHC010145262026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/289/2026 SAURAV PRAN SHARMA S/O- SURESH CH. SHARMA, R/O- BARPETA ROAD, WARD NO 2, RAMKRISHNA CENTRE ROAD, PO BARPETA ROAD P.S. BARPETA ROAD, DISTRICT- BARPETA. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, HOME POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI-781006. 3:THE SECRETARY TO GOVERNMENT OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI-781006. 4:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI78100 Advocate for the Petitioner : IMSENKALA, MS M BORAH,MS. J CHETRY,MS. B CHOWDHURY,MR A CHOWDHURY, SR. ADV. Page No.# 2/12 Advocate for the Respondent : MR. A ROY, GA, ASSAM,SC, EXCISE DEPTT. Linked Case : WA/292/2026 SHRI RAKESH DAS SON OF BHAGABAN DAS RESIDENT OF HOUSE NO.45 6TH MILE SASAL MANIMUGDHA NAGAR POST OFFICE- KHANAPARA POLICE STATION-DISPUR DISTRICT- KAMRUP METRO ASSAM PIN-781022 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT DISPUR GUWAHATI PIN-781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT DISPUR, GUWAHATI PIN-781006. 3:THE DIRECTOR DIRECTORATE OF EMPLOYMENT AND CRAFTSMEN TRAINING ASSAM REHABARI GUWAHATI PIN-781008 ------------ Advocate for : MS. L WANGSA Advocate for : MS. M BHATTACHARJEE appearing for THE STATE OF ASSAM AND 2 ORS. Linked Case : WA/285/2026 AKASHEE DUWARAH Page No.# 3/12 D/O- HIRANYA KUMAR DUWARAH R/O- HOUSE NO. 141 WARD NO. 12 K.B.ROAD KESHAB CHANDRA GOSWAMI PATH P.O.- NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST.- LAKHIMPUR ASSAM-787001. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME POLITICAL DEPARTMENT DISPUR GUWAHATI-781006. 2:THE PRINCIPAL SECRETARY GOVERNMENT OF ASSAM PERSONNEL (A) DEPARTMENT BLOCK -A JANATA BHAWAN DISPUR GUWAHATI-781006. 3:THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM PERSONNEL (A) DEPARTMENT BLOCK-A JANATA BHAWAN DISPUR GUWAHATI-781006. 4:THE SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (A) DEPARTMENT DISPUR GUWAHATI-781006. ------------ Advocate for : IMSENKALA Advocate for : MR. A ROY appearing for THE STATE OF ASSAM AND 3 ORS. Linked Case : WA/194/2026 JAYANTA DOLEY Page No.# 4/12 S/O- LATE LOLISING DOLEY RESIDENT OF GOGAMUKH TAJIK PO AND PS- GOGAMUKH DIST- DHEMAJI VERSUS THE STATE OF ASSAM AND 3 ORS. THROUGH ITS THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME POLITICAL DEPARTMENT DISPUR GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OFASSAM FINANCE TAXATION DEPARTMENT DISPUR GUWAHATI781006. 3:THE SECRETARY TO GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 4:THE ADDITIONAL SECRETARY TO GOVERNMENT OF ASSAM FINANCE TAXATION DEPARTMENT DISPUR GUWAHATI-781006. ------------ Advocate for : IMSENKALA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS. Linked Case : WA/291/2026 SHRI GITTARTHA BARUAH SON OF LATE HEM BARUAH RESIDENT OF BAKUL PATH GAJAPATI VILA NEAR NH-37 JALUKBARI Page No.# 5/12 GUWAHATI POLICE STATION-JALUKBARI DISTRICT- KAMRUP METRO ASSAM PIN-781013 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT DISPUR GUWAHATI PIN-781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT DISPUR GUWAHATI PIN-781006. 3:THE DIRECTOR DIRECTORATE OF EMPLOYMENT AND CRAFTSMEN TRAINING ASSAM REHABARI GUWAHATI PIN-781008 ------------ Advocate for : MS. L WANGSA Advocate for : MS. M BHATTACHARJEE ADDL. SR. GA. appearing for THE STATE OF ASSAM AND 2 ORS. Linked Case : WA/193/2026 PRIYANKA DEKA W/O BIKASH TALUKDAR R/O.- BARKURIHA VILLAGE NEAR GOPINATH MANDIR MOROWAKAMALPUR ROAD P.O.- NALBARI P.S. DISTRICT- NALBARI ASSAM-781348. VERSUS Page No.# 6/12 THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006. 2:HE COMMISSIONER AND SECRETARY GOVT OF ASSAM FINANCE TAXATION DEPARTMENT DISPUR GUWAHATI-06 3:THE SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 4:THE ADDITIONAL SECRETARY TO THE GOVT OF ASSAM FINANCE TAXATION DISPUR GUWAHATI 781006 ------------ Advocate for : IMSENKALA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS. Linked Case : WA/224/2026 DR KALYAN KUMAR DAS S/O- BINANDI DAS R/O- GAROBASTI BEHIND GANESH MANDIR 8TH MILE PO-AMERIGOG PS-BASISTHA DISTRICT- KAMRUP METRO ASSAM- 781023. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY. TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006. Page No.# 7/12 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM HOME (A) AND POLITICAL DEPARTMENT DISPUR GUWAHATI781006. 3:THE SECRETARY TO GOVERNMENT OF ASSAM HOME (A) AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006. ------------ Advocate for : MR. A CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS. Linked Case : WA/293/2026 HITESH MAZUMDAR S/O- LATE ANANGA MOHAN MAZUMDAR R/O- C/O BHAGABANCH.DAS NO.2 MATHGHARIA MOTHER TERESA ROAD NEAR SAI APARTMENT P.O-NOONMATI P.S- NOONMATI ASSAM-781020. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME POLITICAL DEPARTMENT DISPUR GUWAHATI-781006 2:THE PRINCIPAL SECRETARY GOVERNMENT OF ASSAM PERSONNELA DEPARTMENT BLOCK -A JANATABHAWAN DISPUR GUWAHATI-781006. 3:THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM Page No.# 8/12 PERSONNEL A DEPARTMENT BLOCK-A JANATA BHAWAN DISPUR GUWAHATI-781006. 4:THE SECRETARY TO TH GOVERNMENT OF ASSAM PERSONNEL A DEPARTMENT DISPUR GUWAHATI-781006. ------------ Advocate for : IMSENKALA Advocate for : MS. M BHATTACHARJEE ADDL. SR. GA. appearing for THE STATE OF ASSAM AND 3 ORS. Linked Case : WA/296/2026 CHAKRADHAR DEKA S/O- LATE BRAJANATH DEKA R/O VILL- BANGAON P.O- BANGAON P.S-PATHSALA DISTRICT- BAJALI ASSAM-781375 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME POLITICAL DEPARTMENT DISPUR GUWAHATI-781006. 2:THE ADDITIONAL CHIEF SECRETARY GOVERNMENT OFASSAM CO-OPERATION DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI781006 3:THE PRINCIPAL SECRETARY TOTHE GOVERNMENT OF ASSAM COOPERATION DEPARTMENT ASSAM SECRETARIAT CIVIL Page No.# 9/12 DISPUR GUWAHATI-781006. 4:THE SECRETARY TO THEGOVERNMENT OF ASSAM COOPERATION DEPARTMENT BLOCK-C 4TH FLOOR JANATA BHAWAN DISPUR GUWAHATI-781006. ------------ Advocate for : IMSENKALA Advocate for : MS. M BHATTACHARJEE appearing for THE STATE OF ASSAM AND 3 ORS. Linked Case : WA/290/2026 ANAL JYOTI DAS S/O- SRI BINAY KUMAR DAS VILL- SANTINAGAR PO-BALADMARI PS- GOALPARA DISTRICT- GOALPARA ASSAM- 783121. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM HOME A POLITICAL DEPARTMENT DISPUR GUWAHATI781006. 3:THE SECRETARY TO GOVERNMENT OF ASSA HOME A POLITICAL DEPARTMENT DISPUR GUWAHATI781006. Page No.# 10/12 ------------ For the appellant/petitioner(s) : Mr. A. Chowdhury, Sr. Advocate Ms. B. Choudhury, Sr. Advocate Ms. M. Borah, Advocate Ms. J. Chetry, Advocate Mr. T. Deuri, Advocate For the Respondent(s) : Mr. N. Kohli, Sr. Advocate Mr. D. Nath, Sr. GA, Assam –B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 18.08.2026 (Ashutosh Kumar, CJ) All these appeals have been heard together and are being disposed off by this common order. We have heard Mr. A. Chowdhury, learned senior Advocate; Mr. T. Deuri, learned Advocate for the appellants; Mr. N. Kohli, learned senior Advocate, and Mr. D. Nath, learned senior Government Advocate for the respondents/State of Assam. These appeals have been preferred by the appellants on being aggrieved with one specific direction given in paragraph 139(xii) of the judgment dated 01.04.2026, passed by a learned Single Judge of this Court in WP(C) No. 1380/2025 and the batch of analogous writ petitions. By the afore-noted judgment, a batch of writ petitions were disposed off. The grievance of the appellants lies in a very narrow compass. Page No.# 11/12 While deciding and concluding the case largely in favour of the appellants/writ petitioners, it was recorded that since the appellants/writ petitioners had given up their plea regarding the legality of continuing with the departmental/disciplinary proceedings parallelly to the pending criminal proceedings, perhaps, on the same set of facts, the appellants/writ petitioners would be debarred from raising such contention in the future. In all these appeals, the challenge is only to the afore-noted aspect, namely, the direction debarring the appellants/writ petitioners, on the ground that it is not only unwarranted but also not in accordance with law and is violative of the fundamental rights of the appellants regarding access to justice. The learned counsel for the appellants in this set of appeals have argued that the point in question was definitely given up by them during the course of arguments, but it was only for the time being when the matter was being heard, without expecting that such concession for the purposes of those cases would lead to their permanent debarment from taking that plea ever in future. It has also been argued that such debarment is legally flawed, for, a fundamental right cannot be waived. All that the appellants meant, while conceding the afore-noted plea, was that they were not pressing the same at that time, as, according to them, there was every chance of their succeeding on the other grounds raised in the writ petitions. However, in our considered view, we find that it would be more appropriate if the appellants approach the learned Single Judge under review jurisdiction for giving a relook at the matter, viz. whether the Page No.# 12/12 concession made at a particular time would justify their complete debarment from raising such plea in future. Mr. Kohli, learned senior Advocate appearing for the respondent/State has agreed to such a view taken by this Court. We therefore permit the appellants to withdraw these appeals in order to enable them to prefer review petitions before the learned Single Judge. Since the matter is urgent, we request the learned Single Judge to take up the matter at the earliest and pass necessary orders. We order accordingly. All these appeals stand disposed off as withdrawn, enabling the appellants to prefer respective review petition, in case so deemed necessary. JUDGE CHIEF JUSTICE Comparing Assistant