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Gauhati High Court
Kajal Chandra Das vs The State Of Assam And 5 Ors on 12 February, 2026
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010165312024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4151/2024
KAJAL CHANDRA DAS
S/O- LATE DOYAMOY CH. DAS,
R/O - DAS COLONEY, NEAR KRISHNA KAUSHIK PLAZA,
P.O. AND P.S.- SILCHAR,
DISTRICT- CACHAR, ASSAM,
PIN -788005.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY,
HOME AFFAIRS DEPARTMENT,
GOVT. OF ASSAM,
DISPUR, GUWAHATI-6.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI- 7.
3:THE ADDITIONAL GENERAL OF POLICE (COMMUNICATION)
ASSAM
ULUBARI
GUWAHATI-7.
4:THE SUPERINTENDENT OF POLICE
CACHAR
SILCHAR
DISTRICT- CACHAR
ASSAM.
5:THE SUPERINTENDENT OF POLICE (COMMUNICATION)
Page No.# 2/6
C/O THE IGP (COMMUNICATION)(APRO)
ASSAM
ULUBARI
GUWAHATI- 781007.
6:THE INSPECTOR OF POLICE (T)
CACHAR
SILCHAR
DISTRICT- CACHAR
ASSAM
Advocate for the Petitioner : MR R P SHARMA, MS. K L R YANTHAN,MRS. R RONGMEI
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
12.02.2026
Heard Mrs. R Rongmei, learned counsel for the petitioner. Also heard Ms. M
Bhattacharjee, learned Additional Senior Government Advocate, Assam for the
respondents.
2. The petitioner was appointed as a constable (OPR) on 25.04.1984 under
Assam Police. Subsequently, he was promoted to the post of ASI of Police
(Wireless). During the course of his employment, the petitioner fell sick on
28.07.2019 and he was shifted to Silchar for required treatment from
29.07.2019. He was subsequently declared medically fit to resume his duties
with effect from 27.10.2020 along with medical certificates and medical papers
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and rendered his service till the date of his retirement on 31.08.2023. The
petitioner submitted several representations before the Respondent No. 3 along
with medical papers praying for sanction of his 457 days leave on medical
ground and to pay his salary for the aforesaid leave period. However, despite
the petitioner approaching the respondent authorities, no specific orders have
been passed.
3. The respondents have contested the case of the petitioner by filing their
affidavits stating that in spite of notices being issued, the petitioner did not turn
up for attending his duties. He had the habit of borrowing money from local
people. He also took loan from different banks by submitting false documents
where the signature of the guarantors had been forged. The aforesaid actions
were not befitting and therefore, a departmental proceeding was drawn up
against him under Section 65 of the Assam Police Act, 2007, read with Rule 66
of the Assam Police Manual Part III and Article 311 of the Constitution of India,
read with Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964. In
the departmental proceeding, a show-cause notice was issued at his home
address but he was found absent at his home and his whereabouts were not
known. The petitioner was thereafter directed to submit his reply to the show-
cause notice within 10 (ten) days and an advertisement to that effect was
published in the Assam Tribune and Dainik Jugasankha in their issues dated 20-
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09-2019. However, no reply or any communication in respect of the show-cause
notices was received. Thereafter, the respondents appointed an Enquiry Officer
and also a Presenting Officer. The enquiry procedure was held ex parte as the
petitioner in spite of notices being issued, did not participate in the enquiry.
4. The Enquiry Officer concluded the enquiry and the Disciplinary Authority
upon considering the conclusions or findings of the Enquiry Officer, having
regard to the evidence in the record, provisionally decided to award the
petitioner with punishment withholding two annual increments with cumulative
effect. Thereafter, a second show-cause notice was issued giving an opportunity
to the petitioner to submit his reply against the proposed punishment or
penalty. The second show-cause notice was also not replied to. Accordingly, the
departmental proceeding was disposed of by the Departmental Authority
awarding the punishment or withholding of two increments with cumulative
effect vide the order dated 30.01.2020. The respondents also stated that the
petitioner was unauthorizedly absent for a period of 457 days, which is in
violation of the Rules. He was, therefore, granted 457 days leave without pay to
regularize his period of absence from 29-07-2019 to 27-10-2020 by the DO No.
1135 dated 16-12-2020. Accordingly, his pay which was kept held over was
thereby released. The petitioner thereafter joined his duties on 27-10-2020. It is
also stated that after regularization of his period of absence of 457 days of leave
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without pay, his salary was regularly drawn from the month of December, 2020
and for the period 27-10-2020 to 30-11-2020. His salary was also drawn by the
salary bill raised dated 11-01-2021.
5. In view of the claims raised by the petitioner that he was medically unfit, a
Medical Board was constituted by the Joint Director of Health Services in Cachar,
Sinchar, and upon due examination, it was found that although he suffered from
conditions like Diabetes Mellitus, Hypertension, etc., for which he was under
treatment from the local physician, there is no finding of the Medical Board that
he suffered from psychiatric illness and therefore was found to be medically fit
to attend his regular services. The respondents therefore did not grant medical
leave on the same as because the petitioner was found to be medically fit and
not suffering from any mental illness.
6. The petitioner has also filed a rejoinder affidavit reiterating the averments
made by the respondent authorities in the affidavit-in-opposition.
7. The findings of the Medical Board that the petitioner was found to be
medically fit to attend to his duties and did not suffer from medical illness is not
under challenge.
8. Under such circumstances, this Court is not persuaded to accept the
prayer of the petitioner that the representation filed has not been disposed of.
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In view of the specific finding by the Department imposing punishment pursuant
to departmental proceedings initiated, which proceeded ex parte due to the
petitioner's non-participation in spite of notices issued, and which proceedings
have not been challenged, and the findings of the Medical Board regarding the
petitioner being found fit to attend to his duties, a direction to the respondents
to dispose of the representation will be of no effect.
9. Accordingly, this Court finds the writ petition to be devoid of merit and the
same is therefore dismissed. No order as to cost. Dismissal of the writ petition,
however, will not debar the petitioner to pursue his claims from the appropriate
forum, if so advised.
JUDGE
Comparing Assistant
