Md Shakeel Saadullah vs The State Of Assam And 2 Ors
2026 Latest Caselaw 1758 Gua

Gauhati High Court

Md Shakeel Saadullah vs The State Of Assam And 2 Ors on 27 February, 2026

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                        Page No.# 1/3

GAHC010006952026




                                                                 undefined

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

                                 Case No. : WP(C)/697/2026

            MD SHAKEEL SAADULLAH
            SON OF - LATE MOHAMMED SAADULLAH, R/O- SUBHAM ENCLAVE, FLAT
            NO. A-304, LAKHIMI NAGAR, P.O. AND P.S. - HATIGAON, GUWAHATI, PIN
            -781038



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT
            OF ASSAM, FINANCE DEPARTMENT, DISPUR, GUWAHATI - 6.

            2:THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM
             FINANCE (TAXATION) DEPARTMENT
             JANATA BHAWAN
             DISPUR
             GUWAHATI - 6.

            3:THE DEPUTY SECRETARY TO GOVERNMENT OF ASSAM

             FINANCE (TAXATION) DEPARTMENT
             JANATA BHAWAN
             DISPUR
             GUWAHATI - 6

Advocate for the Petitioner   : MR. J PATOWARY, MR. V A CHOWDHURY,MS. C CHOUDHURY

Advocate for the Respondent : SC, FINANCE, SC, FINANCE AND TAXATION




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
                                                                        Page No.# 2/3


                                       ORDER

27.02.2026 Heard Mr. A. M Borah, learned senior counsel assisted by Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. B Chowdhury, learned State counsel appearing for all the respondents.

The petitioner is aggrieved that the a departmental proceeding is initiated against the petitioner on charges of having assets disproportionate to his income and the department is contemplating to proceed with this departmental proceeding notwithstanding criminal proceeding in respect of Charge-sheet filed in Special Case No. 95/2025 corresponding to vigilance PS Case No. 21/2025 where the charge-sheet has been filed on 10.11.2025 and the matter is now ready for charge hearing.

The learned senior counsel submits that if the petitioner is compelled to appear in the departmental proceedings and respond to the charges, it will amount to disclosing his defence which he would take up before the Criminal Court and if his defence is disclosed at this stage even before he is allowed to take the same in the criminal proceeding it will gravely prejudice the writ petitioner in the criminal proceedings pending. Under such circumstances, the learned senior counsel reiterates his prayer that at this stage the departmental proceeding be stayed till such time the criminal proceedings initiated against the writ petitioner are finally disposed of.

The learned State counsel on the other hand submits that his instructions are underway. He prays for a short date.

Considering the submissions made and also in view of the principle of law laid down by the Apex Court in Capt. Paul Anthony, reported in (1999) 3 SCC 679 and G.M. Tank vs State Of Gujarat & Anr, reported in (2006) 4 Supreme 740, Page No.# 3/3

this Court is of the considered view that until further orders of this Court, the departmental proceedings initiated against the writ petitioner by virtue of Show Cause dated 18.10.2025 issued against the writ petitioner and all proceedings thereunder shall remain stayed.

List again on 06.04.2026.

JUDGE

Comparing Assistant