Page No.# 1/2 vs The State Of Assam And 4 Ors
2022 Latest Caselaw 4025 Gua

                                                                 Page No.# 1/2

GAHC010207882022




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

                          Case No. : WP(C)/6682/2022

         M. MEETEI NGAMBA
         S/O M. BABA SINGHA,
         R/O HOUSE NO. L.S.- 15, SB COMPLEX, SB HEADQUARTERS, KAHILIPARA-
         19.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY, HOME AND POLITICAL
         DEPTT., DISPUR, GUWAHATI- 6.

         2:THE DIRECTOR GENERAL OF POLICE
         ASSAM
          ULUBARI
          GUWAHATI
         ASSAM.

         3:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMN.)
          ULUBARI
          GUWAHATI
         ASSAM.

         4:THE INSPECTOR GENERAL OF POLICE (ADMN.)
         ASSAM
          ULUBARI
          GUWAHATI
         ASSAM.

         5:THE SUPERINTENDENT OF POLICE
          SB (E)
          CUM DISCIPLINARY AUTHORITY
         ASSAM
                                                                                   Page No.# 2/2

               KAHILIPARA
               GUWAHATI- 19

Advocate for the Petitioner   : MR. J PATOWARY

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                              ORDER

Date : 19.10.2022

Heard Mr. J. Patowary, learned counsel for the petitioner, who submits that the petitioner was convicted by the Trial Court in Sessions Case No. 44/2011 under Section 436 IPC, vide judgment and order dated 03.09.2022. The petitioner preferred Criminal Appeal No. 226/2022 along with I.A.(Crl.) No.543/2022 before this Court. This Court vide order dated 16.09.2022 stayed the entire judgment and order dated 03.09.2022 passed by the learned Trial Court.

The petitioner's counsel submits that in view of the impugned judgment and order dated 03.09.2022 having been stayed by this Court, the speaking order dated 19.09.2022 dismissing the petitioner from service under Article 311(2) (a) of the Constitution and Rule 3.11 of the Assam Services (Discipline and Appeal) Rules, 1964 should be set aside.

Issue notice returnable within 4(four) weeks.

Mr. T.C, Chutia, learned counsel accepts notice on behalf of all the respondents.

List the matter after 4(four) weeks.

In the meantime, the extra copies of the writ petition be provided to Mr. T.C, Chutia, learned counsel for the respondents.

JUDGE

Comparing Assistant