Chakradhar Deka vs The State Of Assam And 2 Ors

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GAHC010180092026

2026:GAU-AS:16397
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No.: WP(C)/5750/2024
CHAKRADHAR DEKA
S/O- LATE B.N. DEKA
R/O- VILL AND P.O. BANGAON (TIHU)
DIST.- BAJALI
ASSAM
PIN- 781375
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVT. OF
ASSAM
COOPERATION DEPARTMENT
DISPUR
GUWAHATI-6
2:THE PRINCIPAL SECRETARY TO GOVERNMENT OF ASSAM
COOPERATION DEPARTMENT
DISPUR
GUWAHATI-6
3:THE ADDITIONAL SECRETARY TO GOVERNMENT OF ASSAM
COOPERATION DEPARTMENT
DISPUR
GUWAHATI-6
-

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BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH

Advocate for the Petitioner (s) : Mr. A. Choudhury,
Sr. Advocate
Ms. Imsenkala, Advocate

Advocate for the Respondent (s): Mr. N. Kohli, Sr. Advocate
Mr. D. Nath,
Sr. Govt. Advocate

Date on which judgment is reserved : NA

Date of pronouncement of judgment : 05.11.2026

Whether the pronouncement is of the
Operative part of the judgment? : Yes

Whether the full judgment has been
Pronounced? : No.


JUDGMENT AND ORDER (ORAL)


Heard Mr. A. Choudhury, the learned Senior Counsel
assisted by Ms. Imsenkala, the learned counsel appearing on
behalf of the Petitioner. Mr. N. Kohli, the learned Senior Counsel
assisted by Mr. D. Nath, the learned Senior Government Advocate
appears on behalf of Respondents.
2. The present writ petition is filed by the Petitioner seeking a
mandamus directing the Respondent Authorities to keep the
impugned Show Cause Notice bearing eCF No.410036/26 dated

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30.11.2023 in abeyance till finalization of the criminal case, i.e.
Dibrugarh P.S. Case No.936/2016.
3. The present writ petition is one of the writ petitions wherein
the issues raised were on the aspect pertaining to the parallel
continuation of disciplinary proceedings initiated by the Show
Cause Notice dated 30.11.2023 and the criminal trial in
connection with Dibrugarh P.S. Case No.936/2016.
4. It is of relevance to take note of that similar writ petitions
have been disposed of by this Court by the detailed judgment
and order dated 01.04.2026 in the case of Aoichariya Jibon
Baruah vs. State of Assam & Others 2026 SCC OnLine
, reported in
Gau 2673 . This writ petition, however, was left out while
adjudicating the batch of writ petitions raising similar issues.
Taking into account the question of parity, it is the opinion of this
Court that the Petitioner is also entitled to similar reliefs, more
particularly the directions contained in Clauses (i), (ii) and (iii) of
Paragraph No.139 of the common judgment and order in the
case of Aoichariya Jibon Baruah (supra) . For the sake of clarity, this
Court therefore reproduces Clauses (i), (ii) and (iii) of Paragraph
No.139 of the common judgment and order dated 01.04.2026
herein under:-
“
139. (i) The Commission had violated the rights of the Petitioners
under Section 8B and Section 8C of the Act of 1952 while making

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the inquiries in respect to the Combined Competitive Examination,
2013 and Combined Competitive Examination, 2014 and thus the
Report, 2013 and Report, 2014 are in violation to the mandatory
provisions of Section 8B and Section 8C of the Act of 1952.
(ii) The Report, 2013 and Report, 2014 cannot be used against the
Petitioners to initiate any disciplinary proceedings against the
Petitioners or any prosecution against the Petitioners. All findings
observations and/or recommendations so made by the Commission
in the Report, 2013 and Report, 2014 touching upon the conduct
and reputation of the Petitioners prejudicially cannot be used
against the Petitioners in any Forum and are rendered nonest as it
violates Section 8B and Section 8C of the Act of 1952.
(iii) The Report, 2013 and Report, 2014, subject to the observations
made in Clause (ii) hereinabove, are not set aside and quashed. The
Report, 2013 and Report, 2014 contains various fact-finding details
touching on matters of public importance and such findings,
observations and recommendations may aid the Government of
Assam to retrospect as well as introspect and to take any policy
decision for the future.”
5. It is of further relevance to observe that the directions at
Clauses (iv), (v), (vi), (vii), (viii) and (ix) of Paragraph No.139 of
Aoichariya Jibon
the common judgment and order in the case of
Baruah (supra), in so far as the Petitioner is concerned have lost
significance in as much as pursuant to the common judgment
and order dated 01.04.2026 in the case of Aoichariya Jibon Baruah

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(supra)
, the disciplinary proceedings against the Petitioner which
were initiated on the basis of the Show Cause Notice dated
30.11.2023 was dropped vide the order dated 14.05.2026 and a
fresh Show Cause Notice was issued on the same day, i.e. on
14.05.2026.
6. The issuance of the order dated 14.05.2026 under Memo
No.E-781371/314-A and the Show Cause Notice dated
14.05.2026 which led to the initiation of fresh departmental
proceedings are fresh cause of action which is not the subject
matter of the present writ petition. In that view of the matter, as
the departmental proceedings which were initiated on the basis
of the Show Cause Notice dated 30.11.2023 which is the issue
involved in the present proceedings pertaining to parallel
continuation of the departmental proceedings on the basis of
Show Cause Notice dated 30.11.2023 with the criminal trial in
respect to Dibrugarh P.S. Case No.936/2016, the same have lost
its significance. The reliefs which have been sought for in the
writ petition have become infructuous.
7. Accordingly, the writ petition therefore stands closed holding
inter alia that the reliefs which have been sought for in the writ
petition have become infructuous. Be that as it may, this Court
observes and directs that the Petitioner would be entitled to the
benefits of Clauses (i), (ii) and (iii) of Paragraph No.139 of the

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common judgment and order dated 01.04.2026 passed in
Aoichariya Jibon Baruah (supra). The directions contained at
Clauses (i), (ii) and (iii) of Paragraph No.139 have already been
quoted hereinabove.

JUDGE
Comparing Assistant