Page No.# 1/3 GAHC010072702026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2109/2026 GOPAL CHOUDHURY SON OF LATE RAM CHARAN CHOUDHURY R/O- VILLAGE- CHARMINAR CHOWK (BARKURA), P.O.- BALIKORIA, P.S.- NALBARI, PIN-781341, DISTRICT- NALBARI, ASSAM. PERMANENT RESIDENT OF VILLAGE- JUTI NAGAR, P.O.- DERGAON, P.S.- DERGAON, DISTRICT- GOLAGHAT, ASSAM. VERSUS STATE OF ASSAM AND 5 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM. 2:DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-07 ASSAM. 3:ADDITIONAL DIRECTOR GENERAL OF POLICE (A) ULUBARI GUWAHATI-07 ASSAM. 4:INSPECTOR GENERAL OF POLICE (ADMN) GUWAHATI-07 ASSAM 5:SUPERINTENDENT OF POLICE NALBARI Page No.# 2/3 PIN-781335. 6:DY SUPERINTENDENT OF POLICE (HQ) NALBARI ASSAM PIN-781335 Advocate for the Petitioner : MR S N KRISHNATRAYA, MS. P BORUAH,MS. N S RAJKHOWA Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.04. 2026 Heard Mr. S. N. Krishnatraya, learned counsel for the petitioner. 2. The learned counsel for the petitioner has challenged the order of dismissal passed by Director General of Police, Assam. The petitioner had earlier approached the Writ Court by filing WP(C) No. 2949 of 2025, seeking a direction for arrear salary and for reinstating the petitioner. During the pendency of the writ petition, the dismissal order dated 11.09.2025 was passed. Accordingly the said writ petition dismissed on withdrawal with liberty vide order dated 05.12.2025. 3. Subsequent thereto, the present writ petition has been filed. On a query made by the petitioner as to why the statutory appeal has not been preferred by the petitioner before the Appellate Authority, therefore the learned counsel for the petitioner submits that he be permitted to prefer an appeal by withdrawing this present writ petition with liberty if these grievances are not redressed. Page No.# 3/3 4. Ms. M. Bhattacharjee, learned Additional Senior Government Advocate for State does not object to the submissions made by the petitioner. 5. Accordingly, this writ petition stands dismissed on withdrawn, giving liberty to the petitioner to approach the Statutory Appellate Authority as prescribed under Rule 15 of the Assam Services (Discipline and Appeal) Rules, 1964. 6. It is made clear that the Appellate Authority will consider the appeal on merits, and shall not reject the same on the ground of limitation as the writ petitioner was pursing his remedy elsewhere in the earlier round of litigation. 7. This writ petition accordingly disposed in terms of the above. 8. If the appeal is filed within a period of 2 weeks from the date of receipt of certified copy of this order, the Appellate Authority will make an attempt to dispose of the appeal within a period of 60 days there from. 9. Needless to say, that if the petitioner’s grievances are not redressed, then there will be no bar for the petitioner to approach this Court again. JUDGE Comparing Assistant