Gauhati High Court
Sarbani Bhattacharjee W/O Late Krishna … vs The State Of Assam And 4 Ors on 27 April, 2026
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GAHC010045042026
2026:GAU-AS:5763
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1363/2026
SARBANI BHATTACHARJEE W/O LATE KRISHNA DAS BHATTACHARJEE,
R/O WARD NO. 15, TOOL ROAD, HAILAKANDI, DIST.- HAILAKANDI,
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TOTHE GOVT.
OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT ,DISPUR,
GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM FINANCE DEPARTMENT
DISPUR GUWAHATI-6
3:THE DIRECTOR OF HEALTH SERVICES(FW) ASSAM
SWASTHYA BHAWAN HENGRABARI GUWAHATI-36
4:TEH ADDITIONAL CHIEF MEDICAL AND HEALTH OFFICER (FW)
HAILAKANDI
5:THE SUPERINTENDENT S K ROY CIVIL HOSPITAL HAILAKAND
Advocate for the Petitioner : MR. J LASKAR,
Advocate for the Respondent : SC, HEALTH,
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 27.04.2026
Heard Mr. J. Laskar, learned counsel appearing on behalf of the petitioner.
Also heard Ms. Deepa Borah, learned standing counsel, Health & Family Welfare
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Department, appearing on behalf of all the respondents.
2. The petitioner was placed under suspension by order dated 31.08.2015,
issued by the Additional Chief Medical & Health Officer(FW), Hailakandi, on
account of a criminal case being G.R. Case No. 1154/2015 pending against the
petitioner before the Court of the learned Judicial Magistrate, First Class,
Hailakandi, for offence u/s. 420/34 of the IPC.
3. It is submitted that by order dated 07.03.2025, the petitioner has been
acquitted from the aforesaid G.R. Case No. 1154/2015. The said acquittal order
dated 07.03.2025, was communicated to the concerned authority by the
petitioner with the request for her reinstatement in service. However, no
consequential order was passed by the respondent authority. Hence, the
petitioner has filed this writ petition.
4. Today, Ms. Borah, learned standing counsel, Health & Family Welfare
Department, has placed on record a copy of the communication dated
25.04.2026, issued by the Director of Health Services(FW), Assam. The said
communication dated 25.04.2026, being relevant, is extracted hereinbelow:
“GOVERNMENT OF ASSAM
DIRECTORATE FO HEALTH SERVICES(FW) ASSAMSWASTHYA BHAWAN, HENGRABARI, GUWAHATI-36.
NO. ECF.456259/ 25-04-2026
From : Sri Kamaljit Talukdar, ACS
Director of Health Services(FW), Assam
Swasthya Bhawan, Hengrabari, Guwahati-36.
To : Smt Deepa Borah
Standing counsel, Health & Family Welfare Department,
Gauhati High Court, Guwahati.
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Subject : Submission of instructions in WP(c)1363/2026
(Smti. Sarbani Bhattacharjee-vs-State of Assam & Ors.)
Ref : Your Letter No. HD/DB/2026 Dated 11/03/2026
Madam,With reference to the subject cited above, in connection with WP(c)1363/2026
filed by Smti. Sarbani Bhattacharjee, ANM, (under suspension), Hailakandi, with regards to the
order of Suspension dated 31.08.2015 by Addl CMHO, Hailakandi; the matter has been
examined in the light of acquittal in the GR Case No. 1154/2015, Hailakandi PS FIR No. –
421/2015 U/S 420/34 of the IPC vide judgement dated 07/3/2025 passed by the learned JMFC,
Hailakandi and the applicable legal position.
Upon such examination, it has been decided to revoke the suspension and
reinstate Smti. Sarbani Bhattacharjee, ANM in service in accordance with the relevant rules
and principles governing the field. A formal order to this effect is being issued.
It is further under consideration to examine the matter with regard to initiation
of departmental proceeding separately, if warranted, in accordance with law.
In view of the above, you are requested to kindly apprise the Hon’ble Court of the
decision regarding revoking of the suspension and reinstatement. A copy of the formal order
will be shared with you shortly.
This is for favour of your information and necessary action.
Yours faithfully
Digitally signed by
KAMALJIT KUMAR TALUKDAR
Date : 25-04-2026
Director of Health Services (FW), Assam
Swasthya Bahawan, Hengrabari,
Guwahati-36.”
5. In view of the above, Ms. Borah, learned standing counsel, Health & Family
Welfare Department, submits that this writ petition may be disposed of in terms
of the communication dated 25.04.2026.
6. The copy of the communication dated 25.04.2026, issued by the Director of
Health Services(FW), Assam, is taken on record and marked as Annexure ‘X’ for identification.
7. On perusal of the aforesaid communication dated 25.04.2026, issued by
the Director of Health Services(FW), Assam, it appears that upon examination,
the Department has decided to revoke the suspension of the petitioner and
reinstate her in service in accordance with the applicable Rules and that a formal
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order to that effect, is being issued.
8. Mr. Laskar, learned counsel for the petitioner, submits that no such formal
order has yet been served upon the petitioner. However, he has no objection if the
present writ petition is disposed of in terms of the communication dated
25.04.2026, issued by the Director of Health Services(FW), Assam.
9. In view of the submissions as made above and as agreed upon by the
learned counsels for the parties and taking into consideration, the contents of the
communication dated 25.04.2026, issued by the Director of Health Services(FW),
Assam; this writ petition is disposed of with a direction to the competent
authority of the Department of Health & Family Welfare, to issue a formal letter
revoking the suspension of the petitioner and reinstating her in service within a
period of 1(one) week from the date of receipt of a certified copy of this order.
10. The writ petition, accordingly, stands disposed of.
JUDGE
Comparing Assistant
