Jnana Ranjan Das vs The State Of Assam And 4 Ors
2025 Latest Caselaw 5712 Gua

Gauhati High Court

Jnana Ranjan Das vs The State Of Assam And 4 Ors on 25 June, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                Page No.# 1/3

GAHC010011912025




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

                            Case No. : WP(C)/436/2025

         JNANA RANJAN DAS
         SON OF LATE DAYAL CHANDRA DAS, RESIDENT OF (PRESENT ADDRESS)-
         HOUSE NO.4, DEHIRAM BARMAN PATH, POST OFFICE- BELTOLA, POLICE
         STATION- HATIGAON, GUWAHATI- 781028, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, GOVERNMENT OF
         ASSAM, D BLOCK, 2ND FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI-
         781006, ASSAM.

         2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          DEPARTMENT OF ENVIRONMENT AND FORESTS
          DISPUR
          GUWAHATI-781006.

         3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
         FOREST
          ENVIRONMENT AND FOREST DEPARTMENT
          GOVERNMENT OF ASSAM
         ARANYA BHAWAN
          PANJABARI
          GUWAHATI-781037

         4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS

          SOCIAL FORESTRY
          ASSAM
          ARANYA BHAWAN
          PANJABARI
                                                                           Page No.# 2/3

             GUWAHATI-781037.

            5:THE CHIEF CONSERVATOR OF FORESTS

             UPPER ASSAM SOCIAL FORESTRY CIRCLE
             NAGAON
             NAGAON
             PIN-782003

Advocate for the Petitioner   : MR D S DEKA,

Advocate for the Respondent : SC, FOREST,




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                            ORDER

25.06.2025

Heard Mr. D.S. Deka, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel Forest Department.

The petitioner claim is that subsequent to the filing of writ petition, it has been revealed from the affidavit filed by the respondent that the suspension of the petitioner has been reviewed by order dated 29.10.2024, 27.01.2025 and 23.04.2025. But none of these orders were communicated to the petitioner.

The learned counsel for the petitioner submits that since these orders were never communicated and were retained in the Office file, it cannot be accepted that these orders were officially passed by the authorities concerned in terms of the procedure prescribed. He has pressed into service the judgment of Bachhittar Singh V. The State of Punjab reported in AIR 1963 SC 395 to support his contentions that the order not communicated cannot be treated to be official orders.

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The learned counsel for the respondents on this aspect seeks liberty of the Court to complete his instructions as to whether these orders were communicated or were serveed on the petitioner.

The learned counsel for the respondents is also directed to appraise the

Court as to the requirements under the Office Memorandum dated 4 th of February, 2020 as to whether the quarterly returns required to be submitted by the Department with a details of suspension orders, memos of charges/charge sheets as well as the extension of the suspension period to the Personnel(B) Department were served on delinquent officers.

Let these instructions be positively placed before the Court on the next date fixed failing which this Court may proceed to pass consequential order.

Matter be listed on 15.07.2025 as it is submitted by the learned counsel

for the petitioner that the writ petitioner will superannuate on 31 st of July, 2025.

It is made clear if the directions of this Court are not carried out by the next date fixed.

Copy of this order be marked to Mr. I. Borthakur, learned Standing Counsel, Forest Department for onward communication.

List accordingly.

JUDGE

Comparing Assistant