Page No.# 1/3 GAHC010135772026 2026:GAU-AS:9669 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3601/2026 PRAKASH LOHAR S/O-LT. BHIM BAHADUR LOHAR, R/O. STATION CHARIALI, P.O. AND P.S. - SIVASAGAR, DIST.- SIVASAGAR, ASSAM PIN-785640 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, JUDICIAL DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI - 781006, ASSAM. 2:THE REGISTRAR GENERAL GAUHATI HIGH COURT GUWAHATI LATASIL GUWAHATI-1 3:THE CHIEF JUDICIAL MAGISTRATE SIVASAGAR ASSAM OFFICE OF THE CHIEF JUDICIAL MAGISTRATE NEW JUDICIAL COURT BUILDING P.O. AND P.S. SIVASAGAR DISTRICT-SIVASAGAR ASSAM PIN -78564 For the Petitioner(s) : Mr. R. Islam, Advocate For the Respondent(s) : Mr. G. Baishya, Sr. Advocate : Ms. D. Borah, Advocate : Mr. J. K. Goswami, Government Advocate Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.07.2026 Heard Mr. R. Islam, the learned counsel appearing on behalf of the Petitioner as a legal aid counsel and Mr. J. K. Goswami, the learned Government Advocate appearing on behalf of the Respondent No.1. I have also heard Mr. G. Baishya, the learned Senior counsel as well as the Standing counsel of the Gauhati High Court representing the Respondent Nos. 2 and 3. 2. The present petition has been filed challenging the order dated 16.12.2025 whereby the Petitioner has been dismissed from service on account of unauthorized absence. 3. It is relevant to take note of that the Petitioner having been imposed with penalty in terms with Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964 (for short ‘the Rules of 1964’) has an appellate remedy under Rule 15A of the said Rules of 1964. Under such circumstances, as the Petitioner has an appellate remedy, it is the opinion of this Court that the Petitioner ought to first exhaust the statutory remedy and thereupon if dissatisfied, can approach this Court. Page No.# 3/3 4. This Court also takes note of that the Petitioner on account of legal advice had approached this Court by filing the present writ petition instead of approaching the Appellate Authority. Accordingly, this Court condones the delay in preferring the appeal under Rule 15A of the Rules of 1964 and it is further directed that if the appeal is filed by the Petitioner within a period of 15 days from today, the Appellate Authority shall consider the appeal on merits without insisting on the question of limitation. 5. Taking into account the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant