Gauhati High Court
The Commissioner And Secretary vs Kaphot Dam And 7 Ors. A on 15 May, 2025
Page No.# 1/6
GAHC010184492020
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/138/2022
THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM , REVENUE AND DISASTER MANAGEMENT
DEPARTMENT, DISPUR, GUWAHATI- 781006, DIST.- KAMRUP(M), ASSAM.
VERSUS
KAPHOT DAM AND 7 ORS. A
W/O- SRI SANTOSH DAM, R/O- VILL.- ZIRIKINDENG, P.O. ZIRIKINDENG,
P.S. KHERONI, DIST.- KARBI ANGLONG, ASSAM, PIN- 782448.
2:THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
4:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI- 781007
DIST.- KAMRUP(M)
ASSAM.
5:THE DEPUTY COMMISSIONER
Page No.# 2/6
HAMREN
DIST.- KARBI ANGLONG
ASSAM
PIN- 782486.
6:THE SUPERINTENDENT OF POLICE
HAMREN
DIST.- KARBI ANLONG
ASSAM
PIN- 782486.
7:THE OFFICER-IN-CHARGE
KHERONI POLICE STATION
P.O. KHERONI
DIST.- KARBI ANGLONG
ASSAM
PIN- 782440.
8:THE OFFICER-IN-CHARGE
ZIRIKINDENG POLICE STATION
PRESENT P.S. HAMREN
DIST.- KARBI ANGLONG
ASSAM
PIN- 782448
Advocate for the Petitioner : SC, REVENUE AND DISASTER MANAGEMENT DEPT, MR. D
SAIKIA,MR. R BORPUJARI,MS N BORDOLOI
Advocate for the Respondent : GA, ASSAM, MS. M BORGOHAIN (r-1),MS C DAS (r-1),MR. P
MAHANTA (r-1),MS P TOKBIPI (R-1),MR. N K MURRY (R-1),MR. A CHETRY (R-1),MR H K J
AHMED (R1),MR. P D NAIR (R1)
Linked Case : I.A.(Civil)/3681/2024
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
VERSUS
Page No.# 3/6
KAPHOT DAM AND 7 ORS.
W/O- SRI SANTOSH DAM
R/O- VILL.- ZIRIKINDENG
P.O. ZIRIKINDENG
P.S. KHERONI
DIST.- KARBI ANGLONG
ASSAM
PIN- 782448.
2:THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
4:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI- 781007
DIST.- KAMRUP(M)
ASSAM.
5:THE DEPUTY COMMISSIONER
HAMREN
DIST.- KARBI ANGLONG
ASSAM
PIN- 782486.
6:THE SUPERINTENDENT OF POLICE
HAMREN
DIST.- KARBI ANLONG
ASSAM
PIN- 782486.
7:THE OFFICER-IN-CHARGE
KHERONI POLICE STATION
P.O. KHERONI
DIST.- KARBI ANGLONG
ASSAM
Page No.# 4/6
PIN- 782440.
8:THE OFFICER-IN-CHARGE
ZIRIKINDENG POLICE STATION
PRESENT P.S. HAMREN
DIST.- KARBI ANGLONG
ASSAM
PIN- 782448.
------------
For the Applicant : Mr. R. Borpujari, SC, Revenue
Department.
For the Respondent(s) : Mr. M. Das, Advocate.
Mr. P. Mahanta, Advocate.
BEFORE
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE KARDAK ETE
15.05.2025
On 24.04.2025, this Court had taken note of a discrepancy in the certified
copy of the impugned judgment annexed with this writ appeal in comparison to
the original copy of the impugned judgment available in the original file of Writ
Petition being WP(Crl) No.3/2017. Vide the said order, the Court directed the
Registrar (Judicial) to conduct an inquiry into the matter and place the report
before this Court within a period of 15 (fifteen) days. Pursuant to the same, an
enquiry report has been submitted by the Registrar (Judicial) with the following
findings:-
"From the above, statement, the undersigned has arrived at the prima
facie findings:
(i) That Ms. Das, who was then attached as Private Secretary to Hon'ble Mr.
Justice N. Kotiswar Singh, had typed the judgment dated 28-03-2019 passed in
WP(Crl.) No. 3/2017 and uploaded the same online.
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(ii) That at that time 4 (four) Private Secretaries, including Ms. Das, were
attached to Hon'ble Mr. Justice N. Kotiswar Singh and after typing out the
judgments and orders, 2 (two) copies of those judgments / orders (one hardcopy
and one soft copy) were sent to his Lordship's residential chamber for correction
and as per his Lordship's convenience, one of the Private Secretaries attended
his Lordship's residential chamber for corrections. The Private Secretary who
had typed out a judgment did not necessarily attend the Bungalow for
correcting that judgment.
(iii) That due to the passage of time, Ms. Das has been unable to explain as to
how the discrepancies in the signed judgment and the one uploaded had crept
in.
(iv) That since the matter was over 5 years old, Ms. Das was unable to explain
the actual fact as to how such anomaly had happened and that, at times, his
Lordship also used to modify the judgments on his own.
(v) That Ms. Das, by her own admission, failed to detect the discrepancies in the
contents of the hard and soft copies of the judgment and uploaded the same
online.
FINDINGS
Ms. Sumita Das, Private Secretary, appears to have uploaded the judgment
dated 28-03-2019 passed in WP(Crl.) No. 3/2017 without verifying the same
with the original signed judgment available in the case record.
FINDINGS
The Copying Section did not commit any wrong as it had issued the certified
copy of the judgment dated 28-03-2019 passed in WP(Crl.) No. 3/2017 on the
basis of the judgment which had been uploaded online by the Private Secretary.
FINDINGS
As no information has been received from Eastern Book Co. Pvt. Ltd., the
undersigned is unable to arrive at a conclusion as to how the Firm / Company
obtained the copy of the judgment dated 28-03-2019 passed in WP(Crl.) No.
3/2017."
From enquiry report, it is clear that the concerned Private Secretary had
uploaded the impugned judgment dated 28.03.2019 passed in WP(Crl.) No.
3/2017 without verifying the same with the original signed judgment available in
the case record and the Copying Section also had issued the certified copy of
the impugned judgment dated 28.03.2019 passed in WP(Crl.) No. 3/2017 on the
basis of the uploaded copy, without verifying the same with the original signed
judgment available in the case record.
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Taking into consideration the above facts and circumstances of the case, we
deem it appropriate to direct the Registry to initiate disciplinary proceedings
against Ms. Sumita Das, Private Secretary, and also to direct the Copying
Section of Gauhati High Court that, henceforth, before issuing certified copy of
any judgment or order passed in any case, the uploaded online copy of the
judgment or order should be verified with the original signed judgment or order
as available in the case record.
The learned counsel appearing for the appellants has submitted that the
Registry be directed to supply him the certified copy of the judgment passed in
WP (Crl.) 3/2017, as available in the case record of the writ petition, so that the
writ appeal can be amended suitably, if required so.
The certified copy of the original signed judgment available in the case
records be supplied to the learned counsel for the appellants and also to the
learned counsel for the respondents on moving appropriate application.
List this matter after 4(four) weeks.
JUDGE CHIEF JUSTICE
Comparing Assistant
