Gauhati High Court
WP(C)/5014/2026 of SRI DILIP KUMAR DAS Vs THE STATE OF ASSAM AND 4 ORS on 15 September 2026
GAHC010197952026 2026:GAU-AS:13682 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5014/2026 SRI DILIP KUMAR DAS S/O LATE KINARAM DAS, VILL BHUYANHAT GAON, P.O. BHUYANHAT, P.S. TEOK DISTRICT JORHAT, ASSAM . VERSUS THE STATE OF ASSAM AND 4
GAHC010197952026
2026:GAU-AS:13682
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5014/2026
SRI DILIP KUMAR DAS
S/O LATE KINARAM DAS, VILL BHUYANHAT GAON, P.O. BHUYANHAT, P.S.
TEOK DISTRICT JORHAT, ASSAM .
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HOME POLITICAL DEPARTMENT, DISPUR, GUWAHATI.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI.
3:THE COMMANDANT
1ST ASSAM POLICE BATTALION
LIGIRIPUKHURI
SIVASAGAR
ASSAM
4:THE SUPERINTENDENT OF POLICE
GOLAGHAT
ASSAM
5:THE ENQUIRY OFFICER
DEPARTMENTAL PROCEEDING NO. 08/2024
OFFICE OF THE SUPERINTENDENT OF POLICE
GOLAGHAT
ASSAM
Advocate for the Petitioner : MR M CHOUDHURY, MR P J DAS
Advocate for the Respondent : GA, ASSAM, BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
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ORDER
Date : 16.09.2026
Heard Mr. M. Choudhury, learned counsel for the petitioner, who submits that petitioner is aggrieved with the order of removal from service inflicted upon him vide order dated 05.09.2025 by Senior Superintendent of Police, Golaghat. The learned counsel submits that the reason for imposing him the said penalty is on account of alleged bigamy. He submits that the petitioner with the consent of his first wife got married for the second time sometime in the year 2006 and the petitioner after serving for over 40 years and at the very fag end of his service career has been imposed with the penalty of removal from service. [2.] At this stage Mr. T.C. Chutia, learned Senior Counsel and also Senior Govt. Advocate submits that the petitioner has not exhausted all the remedy available to him since there is a provision for filing appeal under Section 15 of the Assam Services (Discipline & Appeal) Rules, 1964. The learned counsel for the petitioner submits that the petitioner after being imposed with a penalty of removal from service was not in a proper state of mind for taking immediate steps against his removal as he was too shocked to make any reaction. [3.] Be that as it may since there is an alternative remedy available, the petitioner is directed to file an appeal in terms of the relevant provisions of the Assam Services (Discipline & Appeal) Rules, 1964 before the Appellant Authority within a period of 15(fifteen) days from today along with explanation for the delay in filing the appeal within time. The Appellant Authority upon receipt of the same shall consider the appeal in accordance with law and take a decision by way of passing a reasoned and speaking order as expeditiously as possible and preferably within a period of 2(two) months from the date of receipt of the said appeal. [4.] With the above observation and direction, the writ petition stands disposed of.
JUDGE Comparing Assistant