Gauhati High Court
Netra Kamal Bora vs The State Of Assam And 4 Ors on 20 December, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010235762024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6923/2024
NETRA KAMAL BORA
S/O- BAKUL CHANDRA BORA, RESIDENT OF VILL- HATICHUNG,
KUJIDAH, NA-MATI, P.O. HATICHUNG, DISTRICT- NAGAON, ASSAM, PIN-
782142
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
CO-OPERATION DEPARTMENT, DISPUR, GUWAHATI- 781006, DISTRICT-
KAMRUP (METRO), ASSAM
2:THE REGISTRAR CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI- 781022
DISTRICT- KAMRUP (METRO)
ASSAM
3:THE ADDITIONAL REGISTRAR (ADMN.)
CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI- 781022
DISTRICT- KAMRUP (METRO)
ASSAM
4:THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES
SONITPUR
DISTRICT- SONITPUR
ASSAM
PIN- 784001
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5:THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES
NAGAON
ASSAM
PIN- 78200
Advocate for the Petitioner : MR. S R GOGOI, MR. C SARMAH
Advocate for the Respondent : SC, CO OP,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
20.12.2024
Heard Mr. S.R. Gogoi, learned counsel for the petitioner. Also heard Mr. A.J.
Sharma, learned counsel for the respondents No. 1 to 5.
The petitioner is aggrieved by the communication issued by the Registrar of
Co-operative Societies dated 30.01.2024 that pursuant to an enquiry report
submitted by the Deputy Registrar of Co-operative societies regarding irregular
appointment, there is a possibility of the employees whose names are reflected
in the enquiry report likely to the terminated. The name of the petitioner
appears at Sl. No. 5 of the Column “1st Phase dated 17.05.2023”.
The learned counsel for the petitioner submits that this enquiry is conducted
without adhering to the prescribed Rules under the Assam (Discipline and
Appeal) Rules and on the basis of an enquiry report submitted by the Deputy
Registrar of Co-operative Societies actions are contemplated to be undertaken
against the various persons named in the enquiry report including the present
petitioner.
Mr. Gogoi submits that similar situated persons have approached this Court
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and the Co-ordinate Bench has entertained the writ petitions passing similar
order and protecting the interest of the petitioners.
The learned Standing Counsel, Co-operation Department submits that he
would like to complete his instructions in the matter.
Accordingly, till the next returnable date, no steps be taken towards
termination in respect of the writ petitioner without leave of the Court.
Let the matter be listed along with W.P.(C) No. 1019/2024.
List accordingly.
JUDGE
Comparing Assistant