PRADIP KUMAR DAS Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-11-42
HIGH COURT OF GAUHATI
Decided on November 15,2018

PRADIP KUMAR DAS Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. A.Y. Choudhury, learned counsel for the petitioner. Also heard Mr. D.P.Borah, learned Standing Counsel, Health Department, appearing for the respondents.
(2.) This case was heard on 13.11.2018 at some length but since Mr. D. P. Borah sought some time to get instructions in the matter, the case was adjourned and directed to be listed today i.e. on 15.11.2018. Today, Mr. D.P. Borah submits that he has not been able to obtain any instructions from the Department. As such, the Court has no other option but to take up the matter for final disposal.
(3.) This is for the second time that the petitioner is before this Court. The earlier writ petition being WP(C) No.2966 of 2010 was filed seeking a direction to the respondent authorities to finalise the departmental proceeding that was drawn against him. The writ petition was disposed of vide order dated 18.12.2014 (Annexure-2), with a direction to the respondents to finalise the departmental proceeding without further delay. It was further observed that the admissible dues to be paid to the petitioner should be determined depending upon the outcome of the departmental proceeding. After the writ petition was disposed, the Director of Health Services (FW) i.e. the respondent No.3 passed a speaking order on 16.02.2015 (Annexure-3), stating that, depending upon the decision of the Government with regard to the misappropriation of Government money as alleged and also on the basis of the inquiry conducted in this regard, the departmental proceeding against the petitioner will be finalised. In other word, the decision of the Government was being awaited to finalise the departmental proceedings.;


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