Page No.# 1/3 vs Girish Deka
2025 Latest Caselaw 4996 Gua

Gauhati High Court

Page No.# 1/3 vs Girish Deka on 26 May, 2025

Author: Suman Shyam

Bench: Suman Shyam

                                                                         Page No.# 1/3

GAHC010180892024




                                                                   2025:GAU-AS:6641

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

                                  Case No. : Review.Pet./72/2025

            THE STATE OF ASSAM
            REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
            ASSAM, IRRIGATION DEPTT., DISPUR, GUWAHATI 6


            2: THE CHIEF ENGINEER
             IRRIGATION DEPTT.
             CHANDMARI
             GUWAHATI 781003
            ASSAM.


            3: THE EXECUTIVE ENGINEER
             MANGALDAI DIVISION (IRRIGATION)
             P.O. MANGALDAI
             PIN 78412


            VERSUS


            GIRISH DEKA
            S/O LATE NIDHI RAM DEKA, VILL. SENAPATIPARA, P.O. BURHINAGAR, P.S.
            SIPAJHAR, DIST. DARRANG, ASSAM.


Advocate for the Petitioner   : MR. N UPADHAYAY,


Advocate for the Respondent : ,
                                                                                    Page No.# 2/3




                                     BEFORE
                        HONOURABLE MR. JUSTICE SUMAN SHYAM

                                           ORDER

Date : 26-05-2025

Heard Mr. N. Upadhyay, learned counsel for the review petitioners.

This review petition has been filed by the Irrigation Department seeking review of the order dated 07.01.2021, whereby this Court had issued a direction to permit the petitioner to join back service within 7 (seven) days from the date of receipt of a certified copy of this order.

From the submissions made by Mr. Upadhyay, it appears that the Department has not yet implemented the order dated 07.01.2021 passed by this Court despite lapse of nearly 3½ years. The review petition has been filed only recently.

According to the learned Departmental counsel appearing for the review petitioners the observations pertaining to the submissions made on his behalf leading to the issuance of the judgment and order dated 07.01.2021 does not correctly reflect the proceedings of the Court held on that day and therefore, such observations are required to be recalled by this Court.

After hearing the submission of the learned counsel for the petitioner and on going through the records of the case, this Court is of the opinion that there is no error apparent on the face of the record or any other sufficient cause for this Court to review the judgment and order dated 07.01.2021. The grounds urged by the learned counsel for the review petitioner, at best, can be taken up in an Appeal but the same cannot certainly be grounds for reviewing the order dated 07.01.2021.

Consequently, the review petition is held to be devoid of any merit is accordingly Page No.# 3/3

dismissed.

JUDGE

Comparing Assistant