Page No.# 1/3 vs The State Of Assam And 3 Ors
2026 Latest Caselaw 13 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 3 Ors on 5 January, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010275572025




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

                             Case No. : WP(C)/7479/2025

         MD NUR ISLAM ALI AND 2 ORS.
         S/O LATE NACHIM ALI, RESIDENT OF GARIGAON, FANCIPARA, P.S. -
         JALUKBARI, GUWAHATI- 781037 DISTRICT - KAMRUP M, ASSAM. EX-
         DRIVER CONSTABLE /57 PHONE NO 7099522161

         2: SRI BHUPEN BORA
          S/O LATE GOLAP BORA
          R/O VILLAGE MELENG DOLAIGAON
          P. S. - TEOK
          DISTRICT - JORHAT
         ASSAM. EX-UB CONSTABLE /741

         3: SRI SRINATH PATHAK
          S/O LATE RAMASHIS PATHAK
          R/O VILLAGE DULHIGANJ
          P. S. - JAGDISHPUR
          DISTRICT - BHOJPUR
          BIHAR. EX- UB CONSTABLE /69

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR,
         GUWAHATI781006

         2:THE DIRECTOR GENERAL OF POLICE

          ASSAM
          ULUBARI
          GUWAHATI-781007.

         3:THE INSPECTOR GENERAL OF POLICE
                                                                  Page No.# 2/3

           EASTERN RANGE
           JORHAT
           ASSAM.

           4:THE SENIOR SUPERINTENDENT OF POLICE

           JORHAT
           ASSAM

       For the Petitioner(s)   : Mrs. D. Devi, Advocate

       For the Respondent(s)   : Ms. S. Baruah, Govt. Advocate




                                BEFORE
                 HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 05.01.2026

Issue notice making it returnable on 19.02.2026.

2. Ms. S. Baruah, the learned Government Advocate appears on behalf of the respondent Nos. 1 to 1 to 4 and accepts notice.

3. Extra copies of the writ petition be served upon her during the course of the day.

4. The petitioners herein are aggrieved by the impugned office orders issued under Memo No. JHT/ER/C/Appeal/2025/1237 and Memo No. JHT/ER/C/Appeal/2025/1236 dated 18.08.2025 whereby the petitioners were dismissed from service thereby depriving the petitioners of all consequential benefits. It is the case of the petitioners that the dismissal was based on a disciplinary proceedings initiated on the basis of evidence which Page No.# 3/3

led to a criminal proceedings and the petitioners' conviction therein. However, subsequently, the learned Coordinate Bench of this Court vide the judgment and order dated 21.05.2025 had set aside the conviction and acquitted the petitioners. Merely on the ground that the learned Coordinate Bench of this Court in the said criminal appeal proceedings did not state that the petitioners are entitled to the service benefits, the Respondent Authorities have deprived the petitioners of their benefits. It is under such circumstances, the petitioners have approached this Court by challenging the impugned orders.

5. The respondents are directed to bring on record their stand by filing the affidavits on or before 09.02.2026.

6. Liberty is given to the petitioners to file reply on or before 17.02.2026.

7. The respondents shall also produce the records of the disciplinary proceedings as well as the appellate proceedings on the basis of which the impugned orders have been passed so that an attempt can be made to dispose of the instant writ petition on the next date.

8. List accordingly.

JUDGE

Comparing Assistant