Deva Doley vs The State Of Assam And 4 Ors
2021 Latest Caselaw 708 Gua

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GAHC010028962021




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/1047/2021

         DEVA DOLEY
         S/O LATE MASON DOLEY, R/O VILL. TAJIKGAON, MOUZA BORDOLONI,
         UNDER GOGAMUKH REVENUE CIRCLE, DIST. DHEMAJI, ASSAM, PIN
         787034



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM, REVENUE DEPTT., DISPUR, GUWAHATI 6

         2:THE COMMISSIONER

          NORTH ASSAM DIVISION
          TEZPUR
          PIN 784001

         3:THE DEPUTY COMMISSIONER

          DHEMAJI
          DIST. DHEMAJI
          ASSAM
          PIN 787057

         4:THE ADDL. DEPUTY COMMISSIONER (REVENUE)

          DHEMAJI
          DIST. DHEMAJI
          ASSAM
          PIN 787057

         5:THE CIRCLE OFFICER
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             GOGAMUKH REVENUE CIRCLE
             GOGAMUKH
             DIST. DHEMAJI
             PIN 7870

Advocate for the Petitioner   : MR. S Ali

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                 HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

                                            ORDER

Date : 26.02.2021

Heard Mr. K. Das, learned counsel appearing for the petitioner. And also heard Mr. S. S. Roy, learned State counsel appearing for the respondent nos. 2, 3, 4 & 5 and Mr. J. Handique, learned standing counsel for the respondent no.1.

The petitioner issued a certificate certifying that one Mantu Konwar is a resident of Lot and following the issuance of such certificate he was given a Show Cause Notice by the respondent no. 4 i.e. Additional Deputy Commissioner of Dhimaji District. The petitioner on receipt of the same submitted his reply on 20.07.2019 and thereafter, the Deputy Commissioner, Dhimaji vide his order dated 20.07.2019 removed him from the post of Lot Goan Burah on the ground that he was involved in "Corrupt Behaviour". Aggrieved by the order of the Deputy Commissioner, the petitioner filed a statutory appeal before the Commissioner North Assam Division at Tezpur and during the pendency of the same appeal, the Deputy Commissioner issued an advertisement dated 29.07.2019 calling for application from interested persons for the post of Lot Goan Burah which was earlier occupied by the petitioner. Again being aggrieved by the advertisement, the petitioner approached this Court by filing WP (C) 5713/2019. This Court by order dated 09.08.2019 directed that the advertisement dated 27.09.2019 be kept in abeyance for a period of 30 days from the date the order was passed, to enable the petitioner to approach the Appellate Authority with an interlocutory application. In pursuance of the order passed by this Court, the Commissioner North Assam Division Tezpur informed the Deputy Commissioner through his letter dated 06.09.2019 that the recruitment process of the Goan Burah for four places including that of the petitioner's post have been stayed till the disposal of the appeal of the petitioner. On 05.02.2021, the Commissioner North Assam Division Tezpur disposed of the appeal of the petitioner by dismissing the same. Being aggrieved by the appellate order the petitioner is here before this Court once again.

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It is submitted by the learned counsel of the petitioner that the post of Goan Burah being a civil pos, the petitioner is entitled to the protection provided under Article 311 of the Constitution. Therefore, he could not have been removed without holding a formal enquiry and of being given a chance of being heard. In support of his submission he referred to the Supreme Court's judgment passed in the case of Kandarpa Sarma v. Rajeswar Das reported in (2011) 14 SCC 752.

From the submission of the learned counsels and the records made available so far, it appears that no enquiry was conducted before the issuance of the order dated 20.07.2019 by the Deputy Commissioner, Dhimaji removing the petitioner from his post of Lot Goan Burah. Therefore, this Court is of the prima facie view that the petitioner has a case to go for trial. As such let notice be issued to the respondents making the same returnable within four weeks.

Since all the respondents are represented, the petitioner need not take any further step for sending notice, however, he shall hand over adequate number of copies of the writ petition to the learned counsel of the respondents during the course of the day.

List the matter again immediately after five weeks. Till then the advertisement dated 29.07.2019 shall be kept in abeyance.

JUDGE

Comparing Assistant