Gauhati High Court
Dr. Dilip Kumar Gogoi vs The State Of Assam And 5 Ors on 4 December, 2023
Page No.# 1/3
GAHC010269252023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6968/2023
DR. DILIP KUMAR GOGOI
S/O LT. LAXMI NARAYAN GOGOI, P/R/O CHANGMAI VILLAGE, P.O. AND
P.S.-LAHOAL, DIST-DIBRUGARH, ASSAM, PIN-786010
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR,
GUWAHATI-781006
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-781006
3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE (A) DEPARTMENT
DISPUR
GUWAHATI-781006
4:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-781006
5:THE DIRECTOR OF HEALTH SERVICES
GOVERNMENT OF ASSAM
HENGRABARI
GUWAHATI-781036
6:THE JOINT DIRECTOR
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HEALTH AND FAMILY WELFARE DEPARTMENT
TINSUKIA
ASSA
Advocate for the Petitioner : MS. B BHUYAN
Advocate for the Respondent : SC, HEALTH AND F W
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 04-12-2023 Heard Mr. A.K. Bhuyan learned counsel for the petitioner and Mr. D Upamanyu, learned standing counsel appearing for all the respondents.
The petitioner was prosecuted pursuant to an FIR registered as Tinsukia PS Case No.1117/2014 under section 7 of the Prevention of Corruption Act, 1988. The Investigating Authority after completion of the investigation submitted charge sheet and subsequently Special Case No.11/2021 was registered and after the trial, the learned Special Judge, Assam by its judgment and order dated 23.06.2023 acquitted the petitioner.
During the pendency of the aforesaid criminal proceeding, a Departmental Proceeding was initiated against the petitioner allegedly on the same set of facts and finally by an order dated 15.05.2021 the petitioner was dismissed from service pursuant to the aforesaid Departmental Proceeding.
Being aggrieved, the petitioner has in the meantime preferred an appeal before the competent authority under the Assam Services Page No.# 3/3 (Discipline and Appeal) Rules, 1964. The limited grievance of the petitioner is that the appeal has not yet been decided and that the fact of his acquittal in the case should also be considered by the appellate authority.
Aforesaid being the limited prayer of the petitioner, Mr. Upamanyu learned standing counsel has not objected to such prayer.
This Court is also of the opinion that the petitioner shall have a right to speedy determination of the appeal. Accordingly, it is directed that the appellate authority shall conclude the departmental appeal preferred by the petitioner within a period of 60 days from the date of furnishing of a certified copy of this order. It is also made clear that the appellate authority may take note of the order of acquittal and apply its own mind to the facts of the case and pass an order in this regard.
However, while parting with the record, it is also made clear that this court has not opined anything on the merits of the appeal or the claim of the petitioner that he is entitled for exoneration in view of his acquittal.
In terms of the above, the instant writ petition stands disposed of.
JUDGE Comparing Assistant