Nripendra Narayan Choudhury vs The State Of Assam And Anr
2022 Latest Caselaw 1329 Gua

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GAHC010038712022




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

                                 Case No. : WP(C)/1476/2022

            NRIPENDRA NARAYAN CHOUDHURY
            S/O. LT. BASISTHA NARAYAN CHOUDHURY, VILL. BATAHGHULI,
            PANJABARI, GUWAHATI, P.O. PANJABARI, UNDER NOONMATI POLICE
            STATION, DIST. KAMRUP (M), ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE COMMISSIONER AND SECY. TO TE GOVT. OF ASSAM,
            ANIMAL HUSBANDRY AND VETERIANRY DEPTT., DISPUR, GUWAHATI-06.

            2:THE DIRECTOR OF DAIRY DEVELOPMENT

             ASSAM
             KHANAPARA
             GUWAHATI-22

Advocate for the Petitioner   : MR P KATAKI

Advocate for the Respondent : GA, ASSAM


                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                       O R D E R

21.04.2022

Heard Mr. P Kataki, learned counsel for the petitioner and Mr. D Nath, learned Senior Government Advocate for the respondents in the Animal Page No.# 2/3

Husbandry and Veterinary Department of the Government of Assam.

Issue notice returnable on 09.05.2022.

Extra copies of the writ petition be furnished to the learned counsel within three days.

The petitioner is alleged to have misappropriated approximately Rs. 2.50 crores and in furtherance thereof, a criminal proceeding as well as a disciplinary proceeding were initiated. The criminal proceeding resulted in an imposition of penalty against the petitioner, but the same was assailed in WP(C) No. 438/2015 and by the judgment and order dated 21.08.2018, the order of penalty was set aside on the ground that the enquiry officer who had conducted the proceeding was also a co-accused along with the petitioner. In the circumstance, liberty was granted to the respondent authorities to continue with the disciplinary proceeding from the stage to appoint a different enquiry officer.

Mr. D Nath, learned Senior Government Advocate upon instruction makes a statement that no appeal had been filed by the authorities against the acquittal of the petitioner in the criminal proceeding. As regards the disciplinary proceeding, it is stated that the same is yet to be re-started.

In the circumstance, we direct the Secretary to the government of Assam in the Animal Husbandry and Veterinary Department to file an affidavit before the next returnable date stating in clear terms as to whether the disciplinary authority intends to further proceed and re-start the disciplinary proceeding or a decision had been taken not to further proceed with the disciplinary proceeding. If the decision would be to continue and re-start the disciplinary proceeding, a specific statement be made as to by which date the proceeding would be re- started and the approximate time that it may take to bring it to its logical end.

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The affidavit be placed on record before the next returnable date.

List the matter again on 09.05.2022.

JUDGE

Comparing Assistant