Gauhati High Court
Jitu Saikia vs The State Of Assam And 4 Ors on 22 August, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010111802025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4766/2025
JITU SAIKIA
S/O- LATE JOGEN SAIKIA, R/O- VILL.- SISSIRBORGAON, P.O.
SISSIRBORGAON, P.S. SILAPATHAR, DIST. DHEMAJI, ASSAM, PIN- 787110.
VERSUS
THE STATE OF ASSAM AND 4 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM, REVENUE (L.R.) DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI-781006.
2:THE DIRECTOR
LAND RECORDS AND REVENUE DEVELOPMENT
GUWAHATI
PIN- 781005
ASSAM
3:THE DISTRICT COMMISSIONER
DHEMAJI
P.O.
P.S. AND DIST. DHEMAJI
ASSAM
PIN- 787057.
4:THE SUB-DIVISIONAL OFFICER (C)
JONAI
P.O. AND P.S. JONAI
DIST. DHEMAJI
ASSAM
PIN- 787057.
5:THE CIRCLE OFFICER
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SISSIRBORGAON REVENUE CIRCLE
P.O. AND P.S. SILAPATHAR
DIST. DHEMAJI
ASSAM
PIN- 787110
Advocate for the Petitioner : MR. A A R KARIM, Ms. R. R. BORAH,MS. R BEGOM,MD S A
MONDAL
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 22-08-2025
Heard Mr. AAR Karim, learned counsel for the petitioner. Also heard Mr. JK
Goswami, learned Additional Senior Government Advocate, Assam and Mr. J
Handique, learned Standing Counsel, Revenue Department.
2] The petitioner has challenged the impugned order dated 11.06.2021
passed by the Deputy Commissioner, Dhemaji, whereby pursuant to an enquiry
instituted against the writ petitioner and on the basis of the recommendation of
the Enquiry Officer punishment of deduction of 2 (two) increments on the
petitioner was imposed under Rule 7 of the Assam Services (Discipline and
Appeal) Rules, 1964. Being aggrieved, the present writ petition has been filed.
3] Learned counsel for the respondents submits that in respect of the
order passed by the Deputy Commissioner, Dhemaji, there are statutory
remedies available for filing an appeal and thereafter, submits that the remedy
of filing a departmental appeal has not been exhausted by the respondents.
4] It is seen that the present writ petition has been filed assailing the
impugned order dated 11.06.2021 passed by the Deputy Commissioner, Dhemaji
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and from the averments made in the writ petition it is seen that the challenge is
not on the ground of lack of competence by the Disciplinary Authority and/or
that order passed by the Disciplinary Authority is in violation of the natural
justice and/or in violation of the procedure prescribed under Rule 7 of the
Assam Services (Discipline and Appeal) Rules, 1964. Under such circumstances,
this Court is of the view that the petitioner should be relegated for filing a
departmental appeal against the impugned order dated 11.06.2021. There is an
expressed profit provision for an appeal prescribed under the Rules 13, 15 and
16 of the Assam Services (Discipline and Appeal) Rules, 1964 which provides
that a Government employee can prefer an appeal against the order of
imposition of penalties. Rules 13 and 16 of the Assam Services (Discipline and
Appeal) Rules, 1964 are extracted below:
13. Order made by an authority is appealable.
Every Government servant shall be entitled to Appeal, as hereinafter provided against an order passed
by an authority: -
(a) Placing him under suspension under rule 6:
(b) imposing upon him any of the penalties specified in rule 7.
.......
15. Appeals against orders imposing penalties.
A Government servant may appeal against an order imposing upon in any of the penalties specified in
rule 7 to the appellate authority specified in this behalf in the schedule. There shall be no appeal against
the orders of the appellate authority.
.........................
16. Appeals against other orders.
(1) A Government servant may Appeal against an order which - (
a) denies or varies to his disadvantage his pay, allowances pension or other conditions of service as
regulated by any rules or by agreement, or
(b) interprets to his disadvantage the provisions of any such rules or agreement - to the authority to
which the authority passing such order is immediately subordinate any (**) where the order is passed
by the Governor, the appeal shall lie to the Governor.
(2) An appeal against an order -
(a) stopping a Government servant at the efficiency bar in the time scale on the ground of his unfitness
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to cross the bar;
(b) reverting to a lower service grade or post, а Government servant officiating in higher service, grade
to post, otherwise than as penalty;
.........................''
5] Ordinarily when there is an expressed remedy prescribed under the
statute and which in the opinion of the Court will be adequate remedy available
to the petitioner, then although alternative remedy is not a bar under such
circumstances, the Writ Court ought not to exercise its jurisdiction under Article
226 of the Constitution of India. In this regard, reference may be made to
judgment of the Apex Court rendered in Assistant Commissioner of State
Tax and others vs. Commercial Steel Limited reported in (2022) 16 SCC
447. The Apex Court held that ordinarily existence of alternative remedy is not
an absolute bar to the maintainability of a writ petition under Article 226 of the
Constitution of India, but such a writ petition can be entertained in exceptional
circumstances when there is : (i) breach of fundamental rights, (ii) violation of
principles of natural justice, excess of jurisdiction, or challenge to the vires of a
statute or delegated legislation. In the present case, none of these situations
are established. There is no violation of natural justice, nor is it a violation of
any fundamental right nor is there any complaint of excess of jurisdiction and
there is definitively no challenge to the vires of any statute or delegated
legislations. Therefore, since the statutory alternative remedy is available for the
petitioner and which in the opinion of the Court would be an adequate and
efficacious remedy, is no merit in the petition and there is no merit in the writ
petition and the same deserves to be closed at this stage.
6] Accordingly, the writ petition stands closed without expressing any
opinion on the merit in the case. The petitioner shall approach the Departmental
Authority prescribed under the Rules of the Assam Services (Discipline and
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Appeal) Rules, 1964 and file necessary appeal, if so advised. It is needless to
say, if the petitioner is still aggrieved by any such order as may be passed by
the authority, remedy of approaching this Court will always be open.
7] With the above observations and directions, the writ petition stands
disposed of.
JUDGE
Comparing Assistant
