Gauhati High Court
Hemanta Changmai vs The State Of Assam And 5 Ors on 29 July, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010145592022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4849/2022
HEMANTA CHANGMAI
S/O LT. RATNESWAR CHANGMAI,
R/O CHANGMAI VILLAGE, P.O.- BETBARI ALIMUR, P.S.- SIVASAGAR
SADAR, DIST.- SIVASAGAR - 785 640, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
URBAN DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI- 6.
3:THE DIRECTOR OF MUNICIPAL ADMINISTRATION
ASSAM
DISPUR
GUWAHATI- 6
ASSAM.
4:THE DEPUTY COMMISSIONER
SIVASAGAR
SIVASAGAR
ASSAM
PIN- 785640.
5:THE SIBSAGAR MUNICIPAL BOARD
REP. BY ITS CHAIRMAN
DIST.- SIVASAGAR
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ASSAM
PIN- 785640.
6:THE EXECUTIVE OFFICER
SIBSAGAR MUNICIPAL BOARD
DIST.- SIVASAGAR
ASSAM
PIN- 785 640
Advocate for the Petitioner : MR. S CHETIA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 29.07.2022 Mr. S. Chetia, learned counsel for the petitioner submits that the petitioner has been demoted without issuing notice and without initiating any department proceeding.
Issue notice, returnable within four weeks.
Mr. H. Sarma, learned counsel accepts notice on behalf of all respondent nos. 1, 2, 3, 4 & 6. He shall obtain instructions with regard to whether a departmental proceeding was initiated, prior to demoting the petitioner.
The petitioner shall take steps for service of notice upon the respondent no.5 by registered post with A/D within a period of three days.
List the matter after four weeks.
In the interim, no recovery of the salary paid to the petitioner in his promotional post shall be initiated by the respondent, till the next returnable date.
JUDGE Comparing Assistant