Om Prakash Agarwalla vs The State Of Assam And 3 Ors
2023 Latest Caselaw 3071 Gua

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GAHC010154022022




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

                         Case No. : WP(C)/5085/2022

         OM PRAKASH AGARWALLA
         S/O LATE CHANDMAL AGARWALLA, R/O HOUSE NO. 12, MONALISA PATH,
         ZOO-NARENGI ROAD, GUWAHATI, P.S.-GEETANAGAR, DIST- KAMRUP(M),
         ASSAM, PIN-781024



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE SECRETARY, GOVERNMENT OF ASSAM,
         DEPARTMENT OF INDUSTRIES AND COMMERCE, DISPUR, GUWAHATI,
         DIST-KAMRUP(M), ASSAM, PIN-781006

         2:ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED
          R.G. BARUAH ROAD
          GUWAHATI
          DIST-KAMRUP(M)
         ASSAM
          PIN-781024
          REPRESENTED BY ITS MANAGING DIRECTOR

         3:THE MANAGING DIRECTOR
         ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED
          R.G. BARUAH ROAD
          GUWAHATI
          DIST-KAMRUP(M)
         ASSAM
          PIN-781024

         4:ATUL MAZUMDAR
          ENQUIRY OFFICER CUM DEPUTY GENERAL MANAGER (TECH)
         ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD
          R.G. BARUAH ROAD
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             GUWAHATI
             DIST- KAMRUP(M)
             ASSAM
             PIN-78102

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : SC, INDUSTRIES AND COMMERCE




                                        BEFORE
                    HON'BLE MR. JUSTICE SOUMITRA SAIKIA
                                        ORDER

11.08.2023 Heard Mr K N Choudhury, learned Senior Counsel, assisted by Mr T Deuri, learned counsel for the petitioner. Also heard Mr J K Goswami, learned counsel appearing for the respondent No. 4.

The case of the of the petitioner is that the Enquiry Officer relied on the preliminary Departmental Enquiry and which is evident from the conclusions arrived at by the Enquiry Officer, read with steps followed during the enquiry where examination of preliminary departmental enquiry conducted by the General Manager, AIDC, is also reflected.

Mr Choudhury, learned Senior Counsel submits that these conclusions of the Enquiry Officer relying upon the preliminary departmental proceeding is unlawful as per the law laid down by the Apex Court. Therefore, the Enquiry Report needs to be interfered with and the matter may be remanded for a fresh enquiry. He has relied on a judgment of the Apex Court in (2013) 4 SCC 301, to buttress his arguments.

Mr J K Goswami, learned Standing Counsel, AIDC submits that the matter may be taken up on another date to enable him to submit reply to the arguments made by the learned counsel for the petitioner.

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Accordingly, let the matter be listed on 24.08.2023, for further hearing.

JUDGE

Comparing Assistant