Ajay Kumar Handique @ Ajay Kr Handique vs The State Of Assam And 3 Ors
2025 Latest Caselaw 7959 Gua

Gauhati High Court

Ajay Kumar Handique @ Ajay Kr Handique vs The State Of Assam And 3 Ors on 23 October, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                           Page No.# 1/3

GAHC010057822024




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

                                 Case No. : WP(C)/1590/2024

            AJAY KUMAR HANDIQUE @ AJAY KR HANDIQUE
            SON OF DINA NATH HANDIQUE, RESIDENT OF AZARA JIGORIPARA VIP
            NEAR ARCHITECTURE COLLEGE, DISTRICT- KAMRUP, PIN- 781015,
            ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE HOME AND
            POLITICAL DEPARTMENT GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-
            6, ASSAM

            2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
             HOME (A) DEPARTMENT
             DISPUR
             GUWAHATI-6
            ASSAM

            3:INSPECTOR GENERAL OF POLICE (ADMN)
             GUWAHATI
            ASSAM- 07

            4:DIRECTOR GENERAL OF POLICE
             GOVERNMENT OF ASSAM
             ULUBARI
             GUWAHATI-7
            ASSA

Advocate for the Petitioner   : MR I RAFIQUE, MS. R. R. SAIKIA,MRS S A CHOUDHURY,MS A
AFREEN

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




Linked Case : WP(C)/4819/2024

AJAY KUMAR HANDIQUE @ AJAY KR HANDIQUE
S/O DINA NATH HANDIQUE

RESIDENT OF AZARA JIGORIPARA VIP NEAR ARCHITECTURE COLLEGE
DIST KAMRUP ASSAM 781015


VERSUS

THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF HOME
AND POLITICAL DEPT. GOVT. OF ASSAM. DISPUR GUWAHATI 06 ASSAM

2:THE SECRETARY TO THE GOVT. OF ASSAM

HOME (A) DEPARTMENT
DISPUR
GUWAHATI 006
ASSAM

3:INSPECTOR GENERAL OF POLICE (ADMN)
GUWAHATI
ASSAM 07

4:DIRECTOR GENERAL OF POLICE

GOVT. OF ASSAM
ULUBARI
GUWAHATI 07
ASSAM CUM DISCIPLINARY AUTHORITY
------------
Advocate for : MR I RAFIQUE
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS



                      BEFORE
       HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                ORDER

Page No.# 3/3

23.10.2025 Heard Mr. I Rafique, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Addl. Senior Government Advocate for the State.

The writ petition being W.P(C) No. 4819/2024 is filed by the petitioner putting a challenge to the order dated 06.09.2024 whereby the respondent authorities initiated a de novo enquiry against the writ petitioner.

The learned counsel for the petitioner submits that in terms of the Judgments rendered by this Court, de novo enquiry is not permitted except to make corrections if required. The further submission is that the enquiry which was earlier conducted, copy of the enquiry report was never serviced on the writ petitioner.

The respondents have contested the matter by filing an affidavit. However, the enquiry report is not enclosed to the affidavit.

Therefore, it would be necessary for deciding the issue raised to call for the relevant records.

Let the records of the case be called for which must include the disciplinary proceedings initiated earlier including the enquiry report submitted by the earlier enquiry officer.

The writ petition being W.P(C) No. 1590/2024 is also filed by the petitioner challenging his suspension.

List both these matters again on 13.11.2025.

JUDGE

Comparing Assistant