Prasanna Jyoti Borthakur vs The State Of Assam And 3 Ors
2023 Latest Caselaw 3220 Gua

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GAHC010182302023




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

                                Case No. : WP(C)/4712/2023

            PRASANNA JYOTI BORTHAKUR
            S/O LT. BIPIN CH. BORTHAKUR R/O AMGURI TOWN WARD NO. 10 P.O. AND
            P.S AMGURI DIST. SIVASAGAR ASSAM PINN 785680



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY THE SECRETARY TO THE GOVT. OF ASSAM URBAN
            DEVELOPMENT DISPUR GUWAHATI 781006

            2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION
             DISPUR
             GUWAHATI 6

            3:AMGURI MUNICIPAL BOARD
             REP. BY THE CHAIRMAN P.O. AND P.S. AMGURI DIST. SIVASAGAR ASSAM
            PIN 785680

            4:THE EXECUTIVE OFFICER

            AMGURI MUNICIPAL BOARD P.O. AND P.S. AMGURI DIST. SIVASAGAR
            ASSAM PIN 78568

Advocate for the Petitioner   : MR H RAHMAN

Advocate for the Respondent : GA, ASSAM
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                                 BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                        ORDER

Date : 21.08.2023 Heard Mr. B.J. Ghosh, learned counsel for the petitioner. Also heard Mr. C.S. Hazarika, learned Govt. Advocate appearing for the respondent nos.1, 2, and 4.

2. Issue notice returnable in 4 (four) weeks.

3. Requisite extra copies of the writ petition be furnished to the learned State counsel in course of the day.

4. The petitioner shall take steps within 2 (two) days for service of notice on the respondent no.3 by registered post with A/D. In addition, the petitioner is permitted to serve notice through dasti by routing the process through the Registry of the Court and upon service, an affidavit of service shall be filed prior to the next date of listing.

5. The learned counsel for the petitioner has prayed for interim relief, which is opposed by the learned Govt. Advocate.

6. The projection made in this writ petition is that consequent to the judgment and order dated 02.06.2023, passed by this Court in WP(C) 2204/2023, the petitioner was reinstated vide order dated 01.07.2023 and by the impugned show-cause notice dated 09.08.2023, on the same set of allegations, the petitioner is again sought to be departmentally proceeded with.

7. As it prima facie appears that the petitioner is being proceeded with departmentally on the same set of charges, which did not find any merit in the Page No.# 3/3

earlier round of litigation, the Court is inclined to stay the further proceeding arising out of show-cause notice bearing number AMB. 24/2023/5048 dated 09.08.2023, issued by the Executive Officer, Amguri Municipal Board (respondent no.4).

8. List after 4 (four) weeks.

JUDGE

Comparing Assistant