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Gauhati High Court
Debajit Kalita vs The State Of Assam And 5 Ors on 5 December, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010257942025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6877/2025
DEBAJIT KALITA
S/O ANANTA KALITA
R/O VILL- 2 NO. RONGABANANI
P.S. TINGKHONG, DIST. DIBRUGARH, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF HOME, DISPUR, GUWAHATI-6
2:THE STATE POLICE ACCOUNTABILITY COMMISSIONER
REPRESENTED BY ITS SECRETARY
ULUBARI
GUWAHATI-7.
3:THE DIRECTOR GENERAL OF POLICE
ULUBARI
GUWAHATI-7.
4:THE DEPUTY INSPECTOR GENERAL OF POLICE (WR)
ASSAM
BONGAIGAON.
5:THE SR. SUPERINTENDENT OF POLICE
DHUBRI
P.O.AND DIST. DHUBRI
ASSAM
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6:THE SR. SUPERINTENDENT OF POLICE
SIVASAGAR
P.O. AND DIST. SIVSAGAR
ASSA
Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR M HUSSAIN,MR. S R
BARBHUIYA,MR. A K AZAD,MR. N HAQUE,MR N J DAS
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
05.12.2025
Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioner. Ms. M
Bhattacharjee, learned Addl. Senior Government Advocate for the respondents No.
1, 3, 4, 5 & 6.
The grievance of the petitioner is that pursuant to a complaint lodged before
the Assam State Police Accountability Commission, the enquiry was made and the
Commission recommended disciplinary proceedings against the writ petitioner and
this recommendation was accepted by the State authority and show cause notice
was issued to the writ petitioner on 12.11.2025.
The incident relates to action taken by the petitioner while on duty and using
his fire arm against a suspect who according to petitioner attempted to flee from
police custody resulting in injury in the lower limb of the accused. The Commission
had taken suo moto cognizance of the incident and a recommendation was issued
directing the respondents to initiate proceedings against the writ petitioner.
The learned counsel for the petitioner submits that petitioner's statements
although were recorded but he was not given an opportunity to cross examine. He
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was pressed into service a Judgment of the Division Bench of Tripura High Court
delivered on 16.12.2020 in W.P(C) No. 284/2013. It is submitted that while the
commission is empowered to recommend initiation of disciplinary proceedings,
however, the manner in which the Commission proceeded without giving a fair
opportunity to the petitioner and the department having acted on such a
recommendation, petitioner has no option but to approach to this Court praying for
appropriate relief. He therefore submits that since there was no opportunity given
to the petitioner and the perusal of the order reflects that no adverse statement
was made by the state police against the writ petitioner, the recommendation of
initiation of departmental proceedings against the writ petitioner was uncalled for.
He therefore submits that the recommendation be interfered with along with
consequential show cause notice was issued by the respondents and during
pendency of this writ petition grant appropriate ad-interim orders.
Ms. M Bhattacharjee, learned Addl. Senior Government Advocate appearing for
all the respondents except respondent No. 2 submits that at this stage she does
not have any instructions. She craves leave to complete her instructions in this
matter.
Considering the submissions made, issue notice, returnable in four weeks.
Since Ms. M Bhattacharjee, learned Addl. Senior Government Advocate appears
for all the respondents except respondent No. 2, Notices are waived. However
extra copies be furnished within one week from today.
Matter be listed again on 30.01.2026.
Till the next date fixed, no proceedings shall be carried out in terms of the
show cause notice dated 12.11.2025.
JUDGE
Comparing Assistant
