Lenin Hussain vs Mahmud Al Hasan And 5 Ors
2023 Latest Caselaw 226 Gua

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GAHC010034852020




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

                          Case No. : WP(C)/1014/2020

         LENIN HUSSAIN
         S/O. MD. ABDUL HALIM, R/O. KALODEWANIRGAON, P.O. AND P.S.
         MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131.



         VERSUS

         MAHMUD AL HASAN AND 5 ORS.
         S/O. ZASIZAL HIQUE, R/O. JHOWADANG, P.S. MANKACHAR, DIST. SOUTH
         SALMARA MANKACHAR, ASSAM PRESENTLY SERVING AS STATISTICAL
         ASSTT., MANKACHAR ICDS PROJECT, SOCIAL WELFARE DEPTT., ASSAM.

         2:THE STATE OF ASSAM
          REP. BY THE COMM. AND SECY.
         TO THE GOVT. OF ASSAM
          SOCIAL WELFARE DEPTT.
          DISPUR
          GUWAHATI-06.

         3:THE DIRECTOR
          SOCIAL WELFARE
         ASSAM UZAN BAZAR
          GUWAHATI-01
          PANBAZAR
          GUWAHATI-01.

         4:THE CHILD DEVELOPMENT PROJECT OFFICER
          MANKACHAR ICDS PROJECT
          DIST. SOUTH SALMARA MANKACHAR
         ASSAM.

         5:THE STATE OF ASSAM
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            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
            ASSAM
            DISPUR
            GUWAHATI-6.

            6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
             FINANCE DEPTT.
             DISPUR
             GHY-6

Advocate for the Petitioner   : MS. D MUSAHARY

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                          ORDER

Date : 20-01-2023

Taking the aid of the Supreme Court judgment in the case of Rajesh Awasthi vs. Nand Lal Jaiswal & Ors., reported in (2013) 1 SCC 501, the petitioner has challenged the appointment of the respondent No. 1 as Statistical Assistant in the Social Welfare Department, Government of Assam by seeking the issuance of a writ in the nature of Quo-warranto.

This Court vide order dated 19.12.2022 had sought for the case diary to find out the reason as to how the Investigating Officer came to a finding that the certificate of the respondent No. 1 was genuine.

Mr. H Sarma, learned Additional Senior Government Advocate today submits that on account of the illness of the respondent No. 1, the respondent No. 1 could not appear before the case Investigating Officer and therefore, he may be given 3 (three) weeks' time to produce the up-to-date case diary.

Considering the above submission, let the matter be listed again in the 3 rd Page No.# 3/3

week of February, 2023, on a date to be fixed by the Registry.

JUDGE

Comparing Assistant