Gauhati High Court
Sri Avatar Singh vs The State Of Assam And Ors on 6 August, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/4
GAHC010173342025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4414/2025
SRI AVATAR SINGH
S/O LATE PRITAM SINGH, RESIDENT OF ELITE RESIDENCY, ADARSHPUR,
NEAR SARBA SIKSHA MISSION OFFICE, PO KAHILIPARA , GUWAHATI
781019, KAMRUP M PRESENTLY POSTED AS SUPERINTENDING ENGINEER,
PHE, HAILAKANDI, CIRCLE, HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVT.OF
ASSAM. PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR
GUWAHATI 6
2:THE SPECIAL CHIEF SECRETARY
TO THE GOVT.OF ASSAM. PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR GUWAHATI 6
3:THE SECRETARY TO THE GOVT. OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR GUWAHATI 78100
Advocate for the Petitioner : MR D N BHATTACHARYYA, MR. K N CHOUDHURY
Advocate for the Respondent : SC, P H E,
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BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
06.08.2025
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. D. N.
Bhattacharyya, learned counsel for the petitioner. Also heard Mr. D. Gogoi,
learned counsel appearing for the respondents.
The petitioner is before this Court putting to challenge the show-cause
dated 30.07.2025 calling him to show-cause as to why the penalty under the
provisions of the Assam Services (Discipline & Appeal) Rules, 1964 should not
be imposed.
The learned Senior Counsel for the petitioner submits that earlier on a
show-cause being issued the petitioner had approached this Court by filing
WP(C) No. 2211/2024 which came to be disposed of by judgment and order
dated 27.02.2025. In the said judgment a Co-ordinate Bench of this Court
interfered with the show-cause notice issued and granting liberty to the
department to initiate fresh proceedings against the petitioner from the stage of
issuing notice upon the petitioner to explain his conduct. Further, it held that if
such an explanation is furnished and if it is found to be unsatisfactory it will be
open to the disciplinary authority to draw up proceedings as per the law. Since
the petitioner will retire in February, 2026, it was also directed that whatever
proceedings are initiated by the disciplinary authority, the same shall be
concluded within a period of six months w.e.f. 01.03.2025. Pursuant thereto the
department issued a show-cause notice dated 23.05.2025 which again came to
be assailed before this Court by filing WP(C) 3475 of 2025 on the ground that
the said show-cause notice is issued in violation of the Judgment and Order
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dated 27.02.2025 in WP(C) 2211 of 2024.
Pursuant to the second writ petition being filed, the respondent cancelled
the earlier show-cause notice vide order dated 25.06.2025 and consequently the
writ petition being WP(C) No. 3475 of 2025 came to be closed granting liberty
to the department. Pursuant thereto the petitioner was served with a
communication dated 27.06.2025 calling up him for explanation. In pursuance
to the said letter the petitioner has submitted his reply dated 03.07.2025.
It is the submission of the learned Senior Counsel for the petitioner that
without considering his explanation and as directed by the Court vide judgment
and order dated 27.02.2025 passed in WP(C) No. 2211 of 2024 the impugned
show-cause notice dated 30.07.2025 came to be issued.
It is submitted that this process followed by the department is contrary to
the specific directions issued by this Court in the judgment and order dated
27.02.2025 passed in WP(C) No. 2211 of 2024.
He therefore, submits that the respondents be directed to comply with the
directions contained in order dated 27.02.2025 before proceeding to issue the
impugned show cause notice dated 30.07.2025.
Mr. D. Gogoi, learned Standing Counsel for the respondents on instructions
submits that he be permitted to complete his instructions and be granted a
week time.
The prayer made is not objected by the learned Senior Counsel for the
petitioner. However, he submits that the proceedings initiated by the impugned
show-cause notice should be stayed till the next returnable date.
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Upon hearing the learned counsel for the parities, this Court permits Mr. D.
Gogoi to complete his instructions and place it before the Court on the next date
fixed.
Accordingly, the matter be listed on 27.08.2025, by which date the
respondents will appraise the Court as to the course of action they desired to
follow.
Till the next returnable date, which is 27.08.2025 the impugned show-
cause notice and all proceedings thereunder shall remain stayed.
The learned counsel for the petitioner on record will ensure that the
service of extra copies on the respondent within the course of the day.
JUDGE
Comparing Assistant
