Chinmoy Baruah vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4979 Gua

Gauhati High Court

Chinmoy Baruah vs The State Of Assam And 3 Ors on 11 December, 2023

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                         Page No.# 1/3

GAHC010186052022




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

                                Case No. : WP(C)/6028/2022

            CHINMOY BARUAH
            S/O. LT. R.K. BARUAH, R/O. MELACHAK, P.O. AND P.S. SIVASAGAR, DIST.
            SIVASAGAR, ASSAM, PIN-785640.



            VERSUS

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

            2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM

             DISPUR
             GUWAHATI-781006.

            3:AMGURI MUNICIPAL BOARD

             REP. BY ITS 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-785680

Advocate for the Petitioner   : MR H RAHMAN
                                                                          Page No.# 2/3


Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                   HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

11.12.2023

Heard Mr. H. Rahman, learned counsel for the petitioner. Also heard Mr.

C.K.S. Baruah, learned Government Advocate, Assam, for the State

respondents.

In spite of the several opportunities being granted to the learned

Government Advocate, Assam, he has not been able to obtain clear instructions

and he prays for further time to complete his instructions.

From the instructions received by Mr. Baruah, learned Government

Advocate and place it before the Court, it is seen that initially the Department

had not reinstated the petitioner, who is a Tax Daroga and one Mr. Prassana

Jyoti Borthakur, who is a Accountant, on the ground that there is short deposit

of fund amounting to Rs.409667.94 and it was their responsibility as a Tax

Daroga and an Accountant to maintain the fund. However, subsequently, the

accountant, namely, Mr. Prasanna Jyoti Borthakur was reinstated in service in

view of the order passed by this Court in WP(C) No.2204/2023 by judgment and Page No.# 3/3

order dated 02.06.2023. The appellate authority by order dated 26.10.2021 had

requested the Executive Officer, Amguri Municipal Board to take necessary

action regarding the matter of reinstatement of the petitioner and other person.

However, no clear instructions are available with Mr. C.K.S. Baruah as to why the

petitioner was not reinstated in his service where as Mr. Prassana Jyoti

Borthakur has been reinstated by the authority concerned.

Let the instructions be placed before the Court on the next date fixe.

In the event, the instructions are not placed before the Court, the Court

will proceed to decide the matter on the basis of the pleadings available before

the Court.

List the matter on 29.01.2024.

JUDGE

Comparing Assistant