Rahi Ram Mandal vs The State Of Assam And 4 Ors
2025 Latest Caselaw 2277 Gua

Gauhati High Court

Rahi Ram Mandal vs The State Of Assam And 4 Ors on 24 January, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                              Page No.# 1/3

GAHC010006682025




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

                           Case No. : WP(C)/291/2025

         RAHI RAM MANDAL
         S/O- LATE SUBAL MANDAL,
         R/O- VILLAGE- GOMA CHOWK,
         P.O. AND P.S.- UDALGURI,
         DISTRICT- UDALGURI (BTAD),
         ASSAM, PIN- 784509.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM,
         REVENUE AND DISASTER MANAGEMENT.

         2:BODOLAND TERRITORIAL COUNCIL
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

         BTC
         KOKRAJHAR
         P.O. AND DIST- KOKRAJHAR (BTAD)

         ASSAM.

         3:THE DIRECTOR
          LAND RECORDS AND SURVEYS
          BTC
          KOKRAJHAR
          P.O. AND DIST.- KOKRAJHAR (BTAD)

         ASSAM.

         4:THE DISTIRCT COMMISSIONER
          UDALGURI
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             P.O. AND DIST.- UDALGURI
             ASSAM
             PIN- 784509.

            5:THE CIRCLE OFFICER
             KALAIGAON REVENUE CIRCLE
             KALAIGAON
             DIST.- UDALGURI
            ASSAM
             PIN- 784525

Advocate for the Petitioner   : MR. S C BISWAS, MR. A K DAS

Advocate for the Respondent : SC, REVENUE, SC, BTC,GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

24.01.2025 Heard Mr. S.C. Biswas, the learned counsel for the petitioner. Also heard Mr. U. Sarma, learned Standing Counsel for the respondent Nos. 4 and 5, Mr. P. Nayak, learned Standing Counsel for the respondent Nos. 2 and 3 and Mr. S. Dutta, learned Standing Counsel for the respondent No.1.

The petitioner is aggrieved that his suspension order issued by the Department on 16.09.2024 has not been reviewed as is required under the Assam Service (Displine and Appeal) Rules 1964 as well as the ratio of the judgment rendered in Ajay Kumar Choudhury vs. Union of India Civil Appeal No.1912 of 2015 (Arising out of SLP No. 31761 of 2013).

The learned counsel for the petitioner submits that he was suspended as he was taken into custody for more than 48 hours although subsequently he has been granted bail by this Court. He has also submitted a representation before the authority concerned as per order dated 18.11.2024 which has not been acted upon.

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Let the learned counsel appearing for the respondents to obtain their instructions in the matter more particular, as to whether any steps have been taken by the Department for review of the suspension order as is required under provisions of the Rules.

In order to complete their instructions sufficient extra copies be furnished within three working days from today.

List this matter again on 17.02.2025.

JUDGE

Comparing Assistant