THE STATE OF ASSAM AND ORS vs PRIYANKA DEKA Advocate - MS. B CHOWDHURY — I.A.(Civil)/632/2025

This judgment concerns a batch of writ petitions challenging disciplinary proceedings initiated against government employees (candidates selected in APSC Combined Competitive Examinations 2013 and 2014) based on reports by a One-Man Commission of Inquiry that found alleged malpractices and anomalies. Court's Key Decision: The Gauhati High Court held that the Commission of Inquiry violated Sections 8B and 8C of the Commissions of Inquiry Act, 1952 while conducting its inquiries, as it failed to provide the affected petitioners their statutory rights to produce evidence in their defense and to cross-examine witnesses. Consequently, all findings and observations in the reports touching upon the petitioners' conduct and reputation cannot be used against them in any forum, including disciplinary proceedings. Reasoning: Sections 8B and 8C protect persons whose conduct is being inquired into or whose reputation is likely to be prejudicially affected, providing them a reasonable opportunity to be heard and produce evidence. The court noted that the Commission merely sought written responses from petitioners but thereafter proceeded with inquiries without informing them when evidence was being recorded or allowing them to adduce defense evidence, thereby depriving them of mandated statutory safeguards. This case analysis is maintained by casestatus.in based on publicly available court records.