Redaul Hussain Khan vs The State Of Assam And 5 Ors
2023 Latest Caselaw 3640 Gua

                                                                    Page No.# 1/4

GAHC010173682018




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

                          Case No. : WP(C)/5365/2018

         REDAUL HUSSAIN KHAN
         S/O- LT HAJI MD. HUSSAIN KHAN, R/O- TARUN NAGAR, BYE LANE- 2, P.S.
         DISPUR, GHY-6, DIST- KAMRUP (M), ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6

         2:THE COMMISSIONER ANND SECY. TO THE GOVT. OF ASSAM

          SOCIAL WELFARE DEPTT.
          DISPUR
          GHY-6

         3:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
          SOCIAL WELFARE DEPTT.
          DISPUR
          GHY-6

         4:THE PRINCIPAL SECY.
         TO THE GOVT. OF ASSAM
          HILL AREAS DEPTT.
          DISPUR
          GHY-6

         5:THE PRINCIPAL SECY.
          NC HILLS AUTONOMOUS COUNCIL
          DIMA HASAO
          HAFLONG
          DIST- DIMA HASAO
         ASSAM
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             PIN- 788819

             6:THE DIRECTOR
              SOCIAL WELFARE
             ASSAM
              BAL BHAWAN
              UJAN BAZAR
              GHY-

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

11-09-2023

Heard Mr. U.K. Nair, learned Senior Counsel assisted by Mr. Mr. Islam,

learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC for the

respondents.

This is a matter seeking quashment of the order dated 17.05.2018,

whereby the petitioner was dismissed from service under the provisions of

Article 311 of the Constitution of India. The petitioner was convicted by the

Special Judge, NIA, Guwahati, in NIA Case No.RC-01/2009/NIA/DLI [DHD(J)] by

its order dated 23.05.2017.

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Learned Senior Counsel for the petitioner submits that the convictions

were challenged before this Court by filing several criminal appeals. In so far as

the criminal appeal in respect of the petitioner is concerned, the conviction was

challenged in criminal appeal No. 233 of 2017. The said criminal appeal along

with all other connected appeals, where criminal appeal No. 238 of 2017 was

the leading case, were allowed by a Division Bench of this Court by a common

judgment and order dated 11.08.2023, whereby the convictions of the

appellants therein including the petitioner herein were set aside. Learned

counsel for the petitioner submits that in view of the conviction having been set

aside, there is no ground now to terminate the petitioner from service and

accordingly, prays that the impugned order dated 17.05.2018 whereby the

petitioner was dismissed from service may be set aside by allowing the writ

petition.

Mr. S.S. Roy, learned CGC submits that an affidavit in the matter has been

filed by the Department.

Considering the issues involved in the case, this Court is of the view that

the matter will require some hearing.

Accordingly, notice be issued to the office of the Advocate General, Assam.

Learned Counsel for the petitioner on record will ensure sufficient extra copies

are furnished to the office of the Advocate General, Assam.

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List the matter on 28.09.2023.

JUDGE

Comparing Assistant