Kamal Debnath vs The State Of Assam And Anr
2023 Latest Caselaw 520 Gua

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GAHC010270082022




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

                                Case No. : I.A.(Civil)/303/2023

            KAMAL DEBNATH
            S/O KHITISH DEBNATH,
            R/O WARD NO. 3, KALABHANGA, BARPETA ROAD,
            DIST.- BARPETA (M), ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE COMMISSIONER AND SECRETARY, HOME (A) DEPTT. DISPUR,
            GUWAHATI-781006

            2:THE JOINT SECRETARY
             HOME (A) DEPTT. DISPUR
             GUWAHATI-781006

Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent : GA, ASSAM
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                                            BEFORE
          HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH
                    HON'BLE MR. JUSTICE SOUMITRA SAIKIA

                                            ORDER

13.02.2023

[N. Kostiswar Singh, CJ (Acting)]

Heard Mr. P.J. Saikia, learned counsel for the applicant. Also heard Ms. M. Bhattacharjee, learned Government Advocate, appearing for the opposite parties.

By filing this application the applicant prays for condonation of delay of 265 days in preferring the connected writ appeal against the judgment and order dated 18.03.2020 passed by the learned Single Judge in WP(C) No.3066/2019.

Though the matter has been listed for the first time, it has been submitted by the learned counsel for the applicant that the other similar appeals have already been admitted by this Court by condoning the respective delays. The matter pertains to discharging the appellant from service without any departmental proceeding.

The reasons for delay in filing the appeal have been explained in Para nos.5, 6 & 7.

Learned counsel for the respondents fairly submits that she does not have any objection if the present application is allowed.

Considering the fact that similar other matters have already been admitted, we are of the view that the present application can be allowed without any further direction to file affidavit on behalf of the respondents.

We have also perused the Para-5, 6 & 7 of the application.

We are satisfied that the grounds assigned in the application are reasonable and accordingly, the application is allowed.

Accordingly, the delay of 265 days in preferring the appeal is condnoed.

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I.A. stands disposed of.

JUDGE CHIEF JUSTICE (ACTING)

Comparing Assistant