Sima Devi vs The State Of Assam And 2 Ors
2026 Latest Caselaw 1072 Gua

Gauhati High Court

Sima Devi vs The State Of Assam And 2 Ors on 11 February, 2026

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                    Page No.# 1/4

GAHC010025262026




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

                                 Case No. : WP(C)/750/2026

            SIMA DEVI
            W/O KRISHNA RASILY, R/O SEUJI PATH, AMGAON, CHANDRAPUR ROAD,
            DIST. - KAMRUP (M), ASSAM, PIN - 781026



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
            ASSAM, DISPUR, GUWAHATI - 781006

            2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
            ASSAM
             GENERAL ADMINISTRATION DEPARTMENT
             DISPUR
             GUWAHATI - 6.

            3:THE ADDL. SECRETARY TO THE GOVERNMENT OF ASSAM
             GENERAL ADMINISTRATION(SECRETARIAT ESTABLISHMENT)
             DISPUR
             GUWAHATI -

Advocate for the Petitioner   : MR. J PATOWARY,

Advocate for the Respondent : GA, ASSAM, SC, GAD
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                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

11.02.2026

Heard Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Addl. Advocate General for the State respondents.

2. The petitioner is aggrieved by the impugned order dated 03.02.2026 & 05.02.2026. According to the petitioner she is serving as Assistant Section Officer (under suspension) in General Administrative Department (GAD). There was a proceeding initiated against the petitioner on the grounds that the petitioner had purportedly accepted some bribe, the enquiry was instituted, which concluded with the disciplinary authority imposing a punishment of withholding under Rule 7(ii) of the Assam Services (Discipline & Appeal) Rules, 1964 by order dated 27.06.2024. Subsequent thereto, the petitioner was suspended and reinstated in service. Thereafter, by communication dated 23.01.2026 issued by the Commissioner & Secretary to the Government of Assam, Personnel (A) Department that directions have been received from the Chief Minister of the State to initiate departmental proceedings by issuing charge sheets/memorandum of charges in all instances where regular cases have been registered against the State Government Officials for (i) arrest in trap cases; and (ii) possession of disproportionate assets.

3. The learned counsel for the petitioner submits that in respect of acceptance of bribe, the petitioner was proceeded with departmentally and the Page No.# 3/4

punishment was also imposed and the criminal proceeding being ACB P.S. Case No.1 of 2022 was filed against the petitioner which is pending at the trial stage. Under such circumstances, it is submitted that once the departmental proceedings were initiated and upon being punishments imposed by the disciplinary authority and no appeal filed by the department against the such order, the initiation of the second departmental proceedings on the same allegations is totally barred in law. He therefore, submits that this Court will issue appropriate orders in the matter and further, during consideration of the matter, stay the further proceedings in respect of the second departmental proceedings initiated against the petitioner.

4. Mr. P. Nayak, learned Addl. Advocate General appearing for the State respondents however, disputes the contentions raised by the petitioner. He refers to Rule 26 of the Assam Service (Discipline & Appeal) Rules, 1964 to submit that there is a power vested on the Governor for review. Referring to the Rules he submits that the Governor may on his own motion or otherwise call for the records and either confirm, modify or set aside the order, impose penalty or remit the case to the authority for further action or enquiry and/or pass any such other orders. He therefore, submits by the impugned order dated 03.02.2026 that the State has decided to review the departmental proceedings which was initiated against the petitioner.

5. Having considered the submissions made by the learned counsel to the petitioner, at this stage, this Court considers it appropriate to direct the State respondents to place the relevant records on the basis of which the orders Page No.# 4/4

passed by the appropriate authority under Rule 26, leading to issuance of the impugned notice for review of the departmental proceedings. Let this matter be listed on 27.02.2026.

6. Issue notice on the interim prayer returnable on 27.02.2026.

7. Till the next day fixed, no coercive action shall be taken against the petitioner in respect of the proceedings initiated under the order dated 03.02.2026.

JUDGE

Comparing Assistant