LOHIT MIRDHA vs STATE OF ASSAM AND 4 ORS. Advocate - GA, ASSAM — WP(C)/4332/2025

Case under Constitution of India Section ART. 226. Disposed: Contested--Disposed Of on 01st June 2026.

Case disposed

CNR: GAHC010149072025

e-Filing Number

03-07-2025

Filing Number

WP(C)/8601/2025

Filing Date

03-Jul-2025

Registration No

WP(C)/4332/2025

Registration Date

31-Jul-2025

Judge

Honourable Mr. Justice N. Unni Krishnan Nair

Coram

Honourable Mr. Justice N. Unni Krishnan Nair

Bench Type

Single Bench

Category

10040 - Other service matters with respect to State Govt Employees. ( 40 )

Judicial Branch

Writ Section

Decision Date

01-Jun-2026

Nature of Disposal

Contested--Disposed Of

Last updated 10-Jun-2026

Acts & Sections

Constitution of India Section ART. 226

Petitioner(s)

  1. 1.LOHIT MIRDHA

    Adv. MR. R CHETRI,MR N MILI,MR N MILI, ,MR N BARMAN,MR N MILI

Respondent(s)

  1. 1.STATE OF ASSAM AND 4 ORS. Advocate - GA (Government Advocate), ASSAM

  2. 2.THE DIRECTOR GENERAL OF POLICE

  3. 3.THE ADDITIONAL SUPERINTENDENT OF POLICE (HQ)/CRIME, JORHAT

  4. 4.THEE INSPECTOR GENERAL OF POLICE (ADMN)

  5. 5.THE SUPERINTENDENT OF POLICE, JORHAT

Case History

  1. Case disposedDisposed

  2. 01-Jun-2026

    Honourable Mr. Justice N. Unni Krishnan NairView PDF

    Case Summary: WP(C)/4332/2025 - Lohit Mirdha v. State of Assam Court Decision: The Gauhati High Court dismissed the writ petition and upheld the dismissal of police constable Lohit Mirdha from service. The court held that the petitioner's subsequent criminal acquittal does not override the disciplinary dismissal because the criminal acquittal was not based on a contested trial with full evidence. Key Facts: Mirdha was arrested in November 2023 on molestation charges, suspended from duty, and after departmental proceedings, dismissed on 25.04.2024. The charges involved allegedly exploiting a distressed woman by taking her to a hotel under false pretenses. He was later acquitted criminally, but the trial court closed prosecution case after examining only the victim, who recanted during cross-examination. Reasoning: The court found the disciplinary enquiry properly conducted with credible evidence (victim's testimony confirmed by hotel staff). While acknowledging Supreme Court precedents (G.M. Tank, Ram Lal) that criminal acquittal can override disciplinary action when both proceed from identical facts and contested trials, the court distinguished this case—the criminal acquittal resulted from weak prosecution, not a full trial, making it unable to override substantiated disciplinary findings. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 01-Jun-2026

    Admission

    Honourable Mr. Justice N. Unni Krishnan Nair

  4. 06-May-2026

    Honourable Mr. Justice N. Unni Krishnan NairView PDF

  5. 06-May-2026

    Delivery Of Order

    Honourable Mr. Justice N. Unni Krishnan Nair

  6. 07-Apr-2026

    Honourable Mr. Justice N. Unni Krishnan NairView PDF

  7. 07-Apr-2026

    Admission

    Honourable Mr. Justice N. Unni Krishnan Nair

  8. 11-Mar-2026

    Honourable Mr. Justice N. Unni Krishnan NairView PDF

  9. 11-Mar-2026

    Admission

    Honourable Mr. Justice N. Unni Krishnan Nair

  10. 24-Feb-2026

    Honourable Mr. Justice N. Unni Krishnan NairView PDF

  11. 24-Feb-2026

    Admission

    Honourable Mr. Justice Kaushik Goswami

  12. 21-Jan-2026

    Honourable Mr. Justice Kaushik GoswamiView PDF

  13. 24-Oct-2025

    Honourable Mr. Justice Budi HabungView PDF

  14. 24-Oct-2025

    Motion

    Honourable Mr. Justice Manish Choudhury

  15. 05-Sep-2025

    Honourable Mr. Justice Manish ChoudhuryView PDF

  16. 05-Sep-2025

    - For Motion -

    Honourable Mr. Justice Soumitra Saikia

  17. 22-Aug-2025

    Honourable Mr. Justice Soumitra SaikiaView PDF

  18. 22-Aug-2025

    First hearing

    Initial hearing scheduled

  19. 04-Aug-2025

    Honourable Mr. Justice Soumitra SaikiaView PDF

  20. 03-Jul-2025

    Case filed

    Registration No. WP(C)/4332/2025

casestatus.in Summary

Case Summary: WP(C)/4332/2025 - Lohit Mirdha v. State of Assam Court Decision: The Gauhati High Court dismissed the writ petition and upheld the dismissal of police constable Lohit Mirdha from service. The court held that the petitioner's subsequent criminal acquittal does not override the disciplinary dismissal because the criminal acquittal was not based on a contested trial with full evidence. Key Facts: Mirdha was arrested in November 2023 on molestation charges, suspended from duty, and after departmental proceedings, dismissed on 25.04.2024. The charges involved allegedly exploiting a distressed woman by taking her to a hotel under false pretenses. He was later acquitted criminally, but the trial court closed prosecution case after examining only the victim, who recanted during cross-examination. Reasoning: The court found the disciplinary enquiry properly conducted with credible evidence (victim's testimony confirmed by hotel staff). While acknowledging Supreme Court precedents (G.M. Tank, Ram Lal) that criminal acquittal can override disciplinary action when both proceed from identical facts and contested trials, the court distinguished this case—the criminal acquittal resulted from weak prosecution, not a full trial, making it unable to override substantiated disciplinary findings. This case analysis is maintained by casestatus.in based on publicly available court records.

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