Smt Jyotsna Mayee Saikia vs The State Of Assam And 4 Ors
2023 Latest Caselaw 10 Gua

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GAHC010268992022




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

                         Case No. : WP(C)/8435/2022

         SMT JYOTSNA MAYEE SAIKIA
         W/O SRI GAUTAM PHATOWALI, R/O HOUSE NO. 18, HARI MANDIR PATH,
         BYE LANE 2, MATHURA NAGAR, DISPUR, GUWAHATI-6



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT OF
         ASSAM, DEPARTMENT OF SKILL, EMPLOYMENT AND
         ENTREPRENEURSHIP, DISPUR, GUWAHATI-6

         2:SECRETARY
          DEPARTMENT OF SKILL
          EMPLOYMENT AND ENTREPRENEURSHIP
          DISPUR
          GUWAHATI-6

         3:STATE ENQUIRY OFFICER
          GOVERNMENT OF ASSAM
          CUM SECRETARY TO GOVT. OF ASSAM
          DEPARTMENT OF WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES
          DISPUR
          GUWAHATI-6

         4:JOINT SECRETARY CUM PRESENTING OFFICER
          DEPARTMENT OF SKILL
          EMPLOYMENT AND ENTREPRENEURSHIP
          DISPUR
          GUWAHATI-6

         5:DIRECTOR
          EMPLOYMENT AND CRAFTSMEN TRAINING
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             ASSAM
             REHABARI
             GUWAHATI-

Advocate for the Petitioner   : MR R CHAKRAVORTY

Advocate for the Respondent : GA, ASSAM




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                       ORDER

02.01.2023

Heard Mr. S Rabha, learned counsel for the petitioner. Also heard Mr. R Dhar, learned counsel for the respondents No.1, 2, 3 and 4 being the authorities under the Department of Skill Employment & Entrepreneurship and the State Enquiry Officer, Government of Assam and Mr. SP Das, learned counsel for the respondent No.5 being the Director of Employment & Craftsmen Training, Assam.

Issue notice, returnable by six weeks.

Extra copies of the writ petition be served on the learned counsel for the respondents as indicated hereinabove within three days.

A departmental proceeding was initiated against the petitioner as per the show cause notice dated 30.06.2018. This writ petition is instituted on the grievance that the said disciplinary proceeding has not been brought to its logical conclusion.

The respondents to file an affidavit stating as to why the proceeding has not been brought to its logical end.

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It is stated that otherwise the petitioner is due for consideration for promotion to the next higher cadre of Joint Director. If it is so, the respondents may follow the procedure of law provided in the judgment of the Supreme Court in paragraph 26 of Union of India and Others Vs. KV Jankiraman and Others , reported in (1991)4 SCC 109 which provides for the procedure of sealed cover method.

List after six weeks.

JUDGE

Comparing Assistant