Research › Search › Judgment

Gauhati High Court · body

2073 DAILYLAW 1 (GAU)

MR PINAKPANI NATH PURKAYASTHA v. THE UNION OF INDIA AND 4 ORS

WP(C)/2073/2026 · 2026-04-07

Soumitra Saikia

Writ Petition (Civil)body2073

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010075042026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2073/2026 MR PINAKPANI NATH PURKAYASTHA S/O- LATE TAPADHIR NATH PURKAYASTHA, R/O- VIVEKANANDA ROAD, SILCHAR 788007, CACHAR, ASSAM VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF EDUCATION DEPARTMENT OF HIGHER EDUCATION, SHASTRI BHAWAN NEW DELHI- 110001 2:THE ASSAM UNIVERSITY SILCHAR REPRESENTED BY ITS REGISTRAR DORGOKONA SILCHAR DIST.-CACHAR ASSAM PIN-788011. 3:THE VICE CHANCELLOR ASSAM UNIVERSITY SILCHAR-788011 ASSAM 4:THE REGISTRAR ASSAM UNIVERSITY DORGOKONA SILCHAR DIST- CACHAR ASSAM PIN-788011 5:UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS CHAIRMAN BAHADUR SHAH ZAFAR MARG NEW DELHI-11000 Page No.# 2/4 Advocate for the Petitioner : MRS. R S CHOWDHURY, MR R DAS,MS. A CHOWDHURY,MR. D HAZARIKA Advocate for the Respondent : DY.S.G.I., SC, ASSAM UNIVERSITY,SC, U G C BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 08.04.2026 Heard Ms. RS Chowdhury, learned counsel for the petitioner. Also heard Mr. SC Keyal, learned Standing Counsel, Assam University and Ms. P. Agarwal, learned Standing Counsel, UGC. 2. The petitioner is aggrieved by the impugned notice dated 07.04.2026 which was served on the petitioner by way of email calling upon the petitioner to furnish his reply by 10.04.2026 failing which the matter will proceed ex parte. The respondent authorities have initiated the departmental proceedings on the petitioner by issuance of show-cause notice dated 17.03.2026. The petitioner thereafter sought for certain documents and according to the petitioner, the documents sought for have not been furnished to him completely. As a consequence thereof the petitioner is unable to file his written statement of defence. 3. Mr. SC Keyal, learned Standing Counsel, Assam University, on the other Page No.# 3/4 hand, submits that the documents which are enclosed to the show cause notice dated 17.03.2026 have already been furnished to the petitioner. 4. Learned counsel for the petitioner submits that the document which is available at Annexure-III to the show-cause notice dated 17.03.2026, the copy of which was furnished to the petitioner is not signed copy. It is submitted that if the documents are not signed copies then the very process of initiation of the departmental proceedings is contrary to law. That apart, the other documents which are sought for has not been furnished. During the course of the hearing, on queries made by the Court, learned counsel for the petitioner fairly submits that except the document at serial no.1 annexure-3 of the show-cause notice, rest of the documents have been furnished in signed copies. That apart, the date of filing response has been fixed on 10.04.2026 and unless the documents are furnished to the petitioner, he would not be able to file the written statement of defence. 5. Considering the submissions made by the learned counsel for the parties, this Court is of the view that the respondents should furnish all the documents including the documents at Serial no.1 Annexure-3 enclosed to the show-cause notice dated 17.03.2026 and thereafter, the time be extended for filing the written statement of defence by the writ petitioner. Page No.# 4/4 6. Accordingly, considering the limited prayer made by the learned counsel for the petitioner, the writ petition stands disposed of at this stage directing the respondents University to furnish signed copy of the documents within 2 (two) working days to the writ petitioner and thereafter, the petitioner will file the written statement of defence within a period of 15 (fifteen) days thereafter. Accordingly, as agreed by the learned Standing Counsel, University, the respondents University will furnish signed copies of the documents to the petitioner by 11.04.2026 and thereafter, the petitioner will file written statement of defence within a further period of 15 (fifteen) days and not latter then 27.04.2026. University will thereafter proceed in the matter as per the procedure prescribed. 7. In terms of the above, the writ petition stands disposed of. 8. Since the writ petition has been disposed of without entering into the merits or the correctness of the case, it will be open to the writ petitioner to approach this Court again, if so advised and if the grievances subsist. JUDGE Comparing Assistant