WP(C)/6363/2022 of ANKITA SAIKIA Vs THE STATE OF ASSAM AND 2 ORS on 5 May 2026

ORDER

Date : 06-05-2026 Heard Mr. AR Bhuyan, learned senior counsel assisted by Mr. A Das, learned counsel for the petitioner, who submits that the petitioner was appointed as Lecturer of Pedodontics in the Regional Dental College, Guwahati on being recommended by the Assam Public Service Commission (APSC), which was communicated to the Additional Chief Secretary to the Government of Assam, Health and Family Welfare (B) Department, vide letter dated 28.04.2016 by the Chairman of the APSC. [2] The petitioner accordingly submitted her joining report on 19.07.2016. However, after her joining, the petitioner on 10.10.2017 submitted her resignation letter to the Secretary to the Government of Assam, Health and Family Welfare Department and was on the impression that her resignation has been accepted. However, to her surprise, the petitioner received a charge-sheet, vide letter dated 20.06.2022 issued by the Joint Secretary to the Government of Assam, Medical Education & Research Department to her stating that she is being charged for negligence of duty, insubordination and violation of the Conduct Rules for having been unauthorisedly absent for a long period of time without informing the authorities and without submitting application for leave. Aggrieved with the same, the petitioner is before this Court. [3] The learned senior counsel submits that since the petitioner has submitted her resignation letter, she was under the impression that the same has been accepted by the authorities and it is for that reason that she has discontinued with her service in the Regional Dental College, Guwahati. [4] Mr. D Upamanyu, learned Standing Counsel, Health Department referring to the affidavit-in-opposition filed by the respondent No. 3, i.e., the Principal of the Regional Dental College, Guwahati submits that the petitioner did not submitted her resignation letter through the College and therefore, the College is unaware of submission of resignation letter. Further Mr. D Upamanyu, learned Standing Counsel, Health Department submits that according to the Department they have not received any formal resignation letter from the petitioner which requires consideration. The College authority has informed the Director of Medical Education, Assam regarding the unauthorized absence of the petitioner since 20.10.2017. The learned Standing Counsel further submits that as per the instructions received by him, the respondent authorities are willing to consider the resignation of the petitioner, if she submits the resignation letter through proper channel and in accordance with the applicable procedure. In support of his submission, the learned Standing Counsel has produced a copy of the Communication dated 07.04.2026 written by the Deputy Secretary to the Government of Assam, Medical Education & Research Department to the Standing Counsel of the said Department. [5] Considering the above submissions and importantly the instructions received through the Communication dated 07.04.2026, the writ petition is disposed of by directing the petitioner to submit a formal resignation letter through proper channel in accordance with the Rules applicable within a period of 1 (one) month from today. The resignation letter should be addressed to the Director of Medical Education, Assam through the Principal of the Regional Dental College, Guwahati with a copy to the Commissioner and Secretary to the

Government of Assam, Medical Education & Research Department. If the said resignation letter is submitted within a period of 1 (one) month as directed above, the authorities concerned shall consider the same in accordance with law and take a decision. [6] Till the consideration and disposal of the resignation letter to be submitted by the petitioner, the respondent authorities concerned shall not take any coercive steps pursuant to the charge-sheet issued to her. [7] The communication dated 07.04.2026 produced by Mr. D Upamanyu, learned Standing Counsel, Health Department shall be retained with the records and marked as Annexure-’X’ for identification. JUDGE Comparing Assistant