GAHC010265052025 2026:GAU-AS:2800 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7063/2025 SRI ATUL DEKA SON OF LAMBADHAR DEKA, RESIDENT OF PUB- DHARAMTUL, PO- DHARAMTUL, PS- JAGIROD, DIST.- MORIGAON, ASSAM, PIN- 782421 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06, KAMRUP (M)

2:DIRECTOR OF FIRE AND EMERGENCY SERVICE HEAD QUARTER PANBAZAR GUWAHATI-01

3:DEPUTY DIRECTOR FIRE AND EMERGENCY SERVICES ASSAM PANBAZAR GUWAHATI-01 4:IN CHARGE LAKHRA FIRE AND EMERGENCY SERVICE STATION GUWAHATI- 781034 ASSA Advocate for the Petitioner : MS B SHARMA, MR D K NATH,MS M DAS Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 19-02-2026 Heard Mr. D.K. Nath, learned counsel for the petitioner. Also heard Mr. J.K.

Goswami, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondents.

2. As agreed to by the learned counsel for the parties, the present writ petition was taken up for final consideration and is being disposed of by this order.

3. The petitioner in the present proceeding has assailed an order dated 27-10-2021, passed by the Disciplinary Authority imposing upon him the penalty of removal from service, as well as treating the period of purported absence w.e.f. 30-05-2020 to 11-11-

2020 as “leave without pay” by applying the Principle of “No Work, No Pay”.

4. The petitioner while serving as a Driver at the Sonari Fire & Emergency Station, came to be placed under suspension vide order dated 30-05-2020, basing on allegations of misconduct emanating against him. Thereafter, the Disciplinary Authority proceeded to issue a show-cause notice dated 29-10-2020 to the petitioner instituting a Departmental Proceeding against him, invoking the provision of Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964. At this stage, it is to be noted that the Disciplinary Authority had vide order dated 10-03-2021, revoked the suspension order of the petitioner and had reinstated him, in his service with retrospective effect, i.e. w.e.f. 12-11-2020. The petitioner in his show-cause reply, did not specially deal with the allegations leveled against him. The said reply not being found to be satisfactory, the Disciplinary Authority proceeded to direct for an enquiry in the matter and for the purpose an Enquiry Officer as well as a Presenting Officer came to be appointed. The petitioner is found to have participated in the said enquiry. The Enquiry Officer after examining the witnesses produced by the Presenting Officer and also upon recording the statement of the petitioner, proceeded to submit his enquiry report on 21-08-2021, inter alia, holding that the charges leveled against the petitioner stood established. A copy of the said enquiry report is found to have been served upon the petitioner and he had also submitted his representation thereto.

The Disciplinary Authority, thereafter, on perusal of the enquiry report in the light of the contention made by the petitioner in the representation submitted by him in the matter, proceeded to agree with the findings so recorded by the Enquiry Officer. Basing on the materials coming on record, the Disciplinary Authority vide order dated 27-10-2021 concluded that the petitioner was found to be unfit for service in the Fire & Emergency department. Accordingly, the petitioner was imposed with penalty of removal from service with immediate effect. The Disciplinary Authority with regard to the purported period of absence of the petitioner w.e.f. 30-05-2020 to 11-11-2020 held that the petitioner for the said period would not be entitled to any monetary benefits and the period would be treated as “leave without pay”.

Being aggrieved, the petitioner had preferred an appeal before the appellate authority and therein had taken a plea of suffering from mental ailments. The appellate authority on consideration of the appeal so filed