SAJAHAN SARKAR vs THE STATE OF ASSAM AND 2 ORS Advocate - GA, ASSAM — WP(C)/3698/2024

Summary of the Gauhati High Court Judgment The Gauhati High Court has passed a significant judgment in multiple linked writ petitions against the Government of Assam regarding disciplinary proceedings initiated against successful candidates in Combined Competitive Examinations (CCE) 2013 and 2014. Key Court Decisions: 1. Violation of Statutory Rights: The court found that the One-Man Commission of Inquiry violated Sections 8B and 8C of the Commissions of Inquiry Act, 1952. The petitioners, whose conduct was being inquired into, were not provided statutory safeguards including: - Right to adduce evidence in defense - Right to cross-examine witnesses - Right to legal representation 2. Effect on Reports: While the court did not quash the entire reports, it declared that: - Observations and findings touching upon petitioners' conduct and reputation cannot be used against them - These findings are rendered "non est" (void) - The reports can still serve public interest purposes regarding policy recommendations 3. Disciplinary Proceedings: The Respondent State may continue disciplinary proceedings ONLY if: - It proceeds without relying on the Commission's findings against the petitioners - New evidence/documents are provided within 45 days - Petitioners get opportunity to file additional defense 4. Suspension Orders: The court did not interfere with suspension notifications but directed periodic reviews of their continuation within 45 days, warning that indefinite suspension violates Article 21 rights. The judgment balances protecting procedural fairness with allowing the government to pursue legitimate disciplinary action based on independent materials. This case analysis is maintained by casestatus.in based on publicly available court records.