Rahim Ali vs The State Of Assam And 4 Ors
2025 Latest Caselaw 5449 Gua

Gauhati High Court

Rahim Ali vs The State Of Assam And 4 Ors on 17 June, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                        Page No.# 1/3

GAHC010073172025




                                                                 undefined

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

                                 Case No. : WP(C)/1971/2025

            RAHIM ALI
            S/O- LATE DANESH ALI, P.O- KEOT KUCHI, P.S BARPETA, DIST- BARPETA,
            ASSAM, PIN-781309



            VERSUS

            THE STATE OF ASSAM AND 4 ORS.
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
            DISPUR, GUWAHATI- 06

            2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC.
            ASSAM
             RUPNAGAR
             GUWAHATI-21

            3:THE ADDL. DIRECTOR OF LAND RECORDS
             RUPNAGAR
             GUWAHATI-21

            4:THE DISTRICT COMMISSIONER
             BARPETA DISTRICT
            ASSAM

            5:THE CIRCLE OFFICER
             BAGHBAR/BARPETA REVENUE CIRCLE
             BARPETA
            ASSA

Advocate for the Petitioner   : MR. D BHUYAN, MR. B K DAS

Advocate for the Respondent : SC, REVENUE, GA, ASSAM
                                                                         Page No.# 2/3




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                       ORDER

17.06.2025

Heard Mr. B. K. Das, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, Revenue Department and Ms. M. Bhattacharjee, learned Addl. Senior Government Advocate appears for the State.

The respondents have disputed the case projected by the petitioner by filing necessary affidavits. The respondents have filed a detailed affidavit explaining that the claim of the petitioner is disputed and the reliance on the judgment of the Apex Court in Ajay Kumar Choudhary Vs. Union of India reported in (2015) 7 SCC 291 is misplaced.

The respondents have not referred to the Office Memorandum No.ABP.13/2018/Pt/35 dated 04.02.2020 which was modified by the State pursuant to the directions contained in the judgment and order dated 30.11.2017 passed in WP(C) No.6465/2017 read with the law laid down in Ajay Kumar Choudhary (supra). The said Office Memorandum clearly lays down the procedure for conducting reviews and/or departmental proceedings in cases of employees who are suspended either under Rule 6(1) or 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964. What is the matter of surprise is that notwithstanding the Office Memorandum having being issued the respondents have not considered it necessary to refer and rely upon the same in Page No.# 3/3

their affidavit.

During the course of the hearing and on a pointed query made to the learned counsel for the respondents as to whether the Office Memorandum subsists or has been modified, withdrawn or reviewed, the learned Government Advocate submits that the Office Memorandum still subsists.

Under such circumstances, this Court direct the respondent authority to bring on record the Office Memorandum No.ABP.13/2018/Pt/35 dated 04.02.2020 and address the Court as to whether in view of the judgment of the Division Bench rendered in the State of Assam and Anr. Vs. Ajit Sonowal and 3 Ors the said Office Memorandum can be construed to have been impliedly overruled.

List this matter again after two (02) weeks.

JUDGE

Comparing Assistant