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2026 DAILYLAW 9487 (GAU)

SAHAB UDDIN TAPADAR v. THE STATE OF ASSAM AND 2 ORS

WP(C)/3635/2026 · 2026-07-14

N Unni Krishnan Nair

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010142292026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3635/2026 SAHAB UDDIN TAPADAR SON OF LATE ABDUL MALIK TAPADAR, RESIDENT OF HOUSE NO. 19, F.A. AHMED PATH, CITIZEN LANE, PANJABARI ROAD, P.S. DISPUR, DISTRICT KAMRUP METROPOLITAN, ASSAM, PIN - 781022. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, TRANSPORT DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI - 781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM AND DISCIPLINARY AUTHORITY TRANSPORT DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI - 781006 3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT AND ENQUIRY OFFICER JANATA BHAWAN DISPUR GUWAHATI - 781006. Advocate for the Petitioner : MR. S K TALUKDAR, K G CHOWDHURY,L P BORAH,MR. J M A CHOUDHURY Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 15.07.2026 Heard Mr. S. K. Talukdar, learned counsel, appearing for the petitioner. Also heard Ms. M. D. Borah, learned Standing Counsel, Transport Department. 2. The petitioner in the present writ petition has assailed a show-cause notice dated 03.07.2026. During the course of hearing of the matter, the learned counsel for the petitioner has submitted that the petitioner had already retired from his services on reaching the age of superannuation w.e.f. 30.04.2026. 3. Accordingly, a query was raised by this Court to the learned Standing Counsel, Transport Department, as to whether it would be permissible to draw a Departmental proceedings against the petitioner by invoking the provisions of Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964, after the petitioner had superannuated from his services. In response to the said query, Ms. M. D. Borah, learned Standing Counsel, Transport Department, has placed on record an order dated 15.07.2026, issued by the Commissioner & Secretary to the Government of Assam, Transport Department. 4. A perusal of the said order reveals that the show-cause notice dated 03.07.2026, was withdrawn with immediate effect by the respondent authorities. 5. In view of the above developments taking place in the matter, no further live Page No.# 3/3 issues arises for consideration by this Court and accordingly, the present writ petition stands closed. 6. A copy of the order dated 15.07.2026, is kept on record and marked as ‘X’ for the purpose of identification. JUDGE Comparing Assistant