Ajay Kumar Handique @ Ajay Kr Handique vs The State Of Assam And 3 Ors
2025 Latest Caselaw 7286 Gua

Gauhati High Court

Ajay Kumar Handique @ Ajay Kr Handique vs The State Of Assam And 3 Ors on 15 September, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                           Page No.# 1/4

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.# 2/4




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
                                                                         Page No.# 3/4


                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                      ORDER

15.09.2025

Heard Mr. I. Rafique, learned counsel for the petitioner. Also heard Mrs. M. Bhattacharyaa, learned Government Advocate for the State respondents.

The petitioner is aggrieved by the de-novo enquiry initiated against him by order dated 06.09.2024.

It is submitted by the learned counsel for the petitioner that the de-novo enquiry was instituted against the writ petitioner as the disciplinary authority did not find the conclusions of the earlier enquiry conducted to be satisfactory.

The learned counsel for the petitioner by referring to judgments passed by the Co-ordinate Benches rendered in Bidyut Buragohain vs State of Assam and Ors. reported in 2005 (3) GLT 457, as well as Bhupati Ranjan Mudoi vs State of Assam and another reported in 2012 (3) GLT 394 submits that the de-novo enquiry is not called for under the provisions of the Assam Service (Discipline and Appeal) Rules, 1964 except to cure the material defects that may have occurred during the enquiry instituted.

The learned Government Advocate for the State respondents submits that there is no infirmity in the order and the respondents have already filed their affidavit.

Page No.# 4/4

It is submitted that the de-novo enquiry was ordered by following the procedure prescribed under the Assam Service (Discipline and Appeal) Rules, 1964 read with the manual of disciplinary proceedings. She further submits that these judgments can be distinguished on the basis of the facts therefore, the matter should be listed for hearing.

Accordingly, as agreed to by the learned counsel for the parties, let these matters be listed for hearing on 23.10.2025.

It is submitted that the de-novo proceedings have already been carried on against the writ petitioner.

Considering the judgments rendered by the Co-ordinate Benches in Bidyut Buragohain (supra) and Bhupati Ranjan Mudoi (supra), this Court is of the prima-facie view that as Co-ordinate Benches have laid down the law that de- novo enquiry is generally not permitted, except for the purposes of rectifying material defects, and as this Court has been informed that the de-novo enquiry has been initiated against the writ petitioner, it is therefore directed in the interim that no adverse orders shall be passed against the writ petitioner on the basis of such de-novo enquiry without leave of this Court.

List accordingly.

JUDGE

Comparing Assistant