THE GAUHATI HIGH COURT v. THE STATE OF ASSAM AND 4 ORS

BEFORE HONOURABLE MR. JUSTICE K. SEMA Date : 23-02-2022 ORDER Heard Mr. RS Chauhan, learned counsel for the petitioner and Ms. A Talukdar, learned Government Advocate appearing for the State respondents. This is an application filed by the petitioner praying for modification/alteration of the order dated 16.08.2019 passed by this court in WP(C) No.5886/2019. The relevant portion of the order dated 16.08.2019 reads as follows: “After hearing the parties and considering the entire matter, the Deputy Commissioner, Morigaon, Chairman of the DLC for compassionate appointment of Morigaon district is directed to comply with the order dated 15.03.2019 passed in WP(C) No.1687/2019 and to intimate its decision to the petitioner within a period of 3 (three) weeks from the date of receipt of the certified copy of this order to be furnished by the petitioner. Petitioner shall obtain necessary acknowledgement from the office of the Deputy Commissioner, Morigaon regarding furnishing of certified copy of this order.” The modification/alteration of the order dated 16.08.2019 is sought on the ground that the petitioner could not furnish the copy of the Page No.# 3/5 order to the Deputy Commissioner, Morigaon cum Chairman of the DLC as stipulated in the order dated 16.08.2019. This application, therefore basically prays for extension of time so as to enable the writ petitioner to furnish the copy of the order dated 16.08.2019 to the Deputy Commissioner, Morigaon. The ground cited by the petitioner as to why he could not furnish the order dated 16.08.2019 to the Deputy Commissioner in time is recited in paragraphs 4 and 5 of the application where the petitioner has stated that after obtaining the certified true copy of the order dated 16.08.2019 on

26.08.2019 he came back from Morigaon to Guwahati but the next day he suffered from serious back pain and had to consult the doctor of Morigaon Civil Hospital on 28.08.2019 where the sickness of the petitioner was diagnosed as back pain neuropathy. The doctor accordingly advised one month rest to the petitioner but as the pain persisted he went to the residence of his brother-in-law for necessary treatment as he did not have the sufficient means to treat his ailment. It was under such circumstances the petitioner could not submit the order dated 16.08.2019 to the Deputy Commissioner cum Chairman DLC, Morigaon in time as directed by this Court. Ms. A Talukdar, learned Government Advocate submits that the certified true copy of the order dated 16.08.2019 was received by the petitioner on 26.08.2019 and the writ petition was filed only on 04.10.2021. It is submitted that the three weeks time given to the petitioner to furnsish the certified true copy of the order dated 16.08.2019 to the Deputy Commissioner, Morigaon expired some time in the third week of September,

2019. The present application is filed after more than 2 (two) years of the order dated 16.08.2019 and therefore the relief sought for in the application should not be considered. Page No.# 4/5 The counsel further submits that the applicant has filed the present application after an unreasonable delay of almost two years and the explanation given in paragraphs 4 and 5 of the application citing reasons of delay does not sufficiently explain the lapses on the part of the petitioner. The certified true copy of the order dated 16.08.2019 passed in WP(C) No.5886/2019 was obtained by the petitioner on 26.08.2019. In terms of the order dated 16.08.2019 the Deputy Commissioner was directed to comply with the order dated 15.03.2019 passed in WP(C) No.1687/2018 and to intimate the decision to the petitioner within a period of 3 (three) weeks from the date of receipt of the certified copy of the order to be furnished by the petitioner. The order dated 16.08.2019 was therefore to be furnished by the petitioner to the Deputy Commissioner, Morigaon for compliance of the direction given in the order dated 16.08.2019. The reason as to why the petitioner could not furnish the copy of the order to the Deputy Commissioner, Morigaon is stated in paragraphs 4 and 5 of the writ petition and in support of which the petitioner has also enclosed a medical certificate dated 21.09.2021 issued by the Morigaon Civil Hospital. The certificate mentions that the petitioner was under treatment for low back pain with neuropathy since 28.08.2019. Besides the certificate dated 21.09.2021 there is nothing to sufficiently explain as to how the petitioner was prevented from submitting the order dated

16.08.2019 to the Deputy Commissioner, Morigaon and Chairman of DLC. The medical certificate dated 21.09.2021 in the considered opinion of this Court cannot be taken as sufficient defense by the petitioner to explain the delay of more than 2 (two) years for enabling this Court to modify the order dated 16.08.2019 and to allow the petitioner to furnish the said order to the Deputy Commissioner, Morigaon cum Chairman DLC. Since the petitioner has failed to explain and satisfy this Court as to Page No.# 5/5 why the order dated 16.08.2019 had not been furnished to the Deputy Commissioner in time and as there is a delay of more than 2 (two) years which has not been explained, this Court is not inclined to modify the order dated 16.08.2019 passed in WP(C) No.5886/2019 so as to afford more time to the petitioner to furnish the order dated 16.08.2019 to the Deputy Commissioner cum Chairman DLC. The Interlocutory application No.1806/2021 is accordingly dismissed but without cost. JUDGE Comparing Assistant