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2026 Supreme(Online)(Gau) 14596

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Budi Habung, J
KAMRUL HOQUE BARBHUIYA ALIAS KAMRUL ISLAM BARBHUIYA AND 3 ORS – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS – Respondent
WP(C)/2173/2026

Advocates:
For the Appellants/Petitioners: B U Laskar
For the Respondents: GA, Assam, C. K. S. Baruah

The court is examining the legality of discharging Home Guards as defaulters without prior notice, while directing that the pendency of the writ petition shall not prevent the petitioners from being engaged for their duties.

Headnote:(A) Service Law - Discharge from Duty - Identification as defaulter Home Guards and discharge without notice - Challenge to the validity of office letters issued without following due process. (Para 2)

Issues: Whether the petitioners could be identified as defaulters and discharged from duty without the issuance of a prior notice.

Table of Content
1. challenge to the discharge of home guards as defaulters without prior notice. (Para 1 , 2 , 4)
2. issuance of notice to respondents and interim direction allowing engagement of petitioners. (Para 3 , 5 , 6)

ORDER

Heard Mr. B. U. Laskar, learned counsel for the petitioners. Also heard Mr. C. K. S. Baruah, learned Government Advocate for the State respondents, who prays for some time to obtain instructions.

2. By filing this writ petition, the petitioners has challenged the office letter vide Memo No. HKD/R/2023/28 dated 12.06.2023, whereby the present petitioners have been identified as defaulter Home Guards, and also the office letter No. HKD/R/2024, whereby they have been shown as discharged from duty on dated 14.03.2020, 27.07.2020, and 25.01.2021, respectively, without issuing any notice.

3. Issue notice to the respondents, returnable within 4 (four) weeks.

4. Since Mr. Baruah, learned Government Advocate, has entered appearance and accepted notice on behalf of the State respondent Nos. 1 to 5, no formal notice is required to be issued to the said respondents. However, he shall be provided with the requisite extra copy of the petition during the course of the day.

5. List the matter after 4 (four) weeks

6. The pendency of this writ petition shall not bar engagement of the petitioners to perform their duties.

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2026 Supreme(Online)(Gau) 14596

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)Budi Habung, JKAMRUL HOQUE BARBHUIYA ALIAS KAMRUL ISLAM BARBHUIYA AND 3 ORS – AppellantVersusTHE STATE OF ASSAM AND 4 ORS – RespondentWP(C)/2173/2026

The court is examining the legality of discharging Home Guards as defaulters without prior notice, while directing that the pendency of the writ petition shall not prevent the petitioners from being engaged for their duties.

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Budi Habung, J
KAMRUL HOQUE BARBHUIYA ALIAS KAMRUL ISLAM BARBHUIYA AND 3 ORS – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS – Respondent
WP(C)/2173/2026