BIPLAB CHANDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R. C. Paul, learned counsel for the appellant and Mr. P. N. Goswami, learned Standing Counsel, Education Department, appearing for the respondents. This is an intra -court appeal, under Rule 2(3) of Chapter VA of the Gauhati High Court Rules, filed by the writ petitioner of WP(C) No.2588 of 2012 against the order dated 23.08.2013 passed by learned Single Judge.

(2.) BY the impugned order, learned Single Judge dismissed the appellant 's writ petition and declined to grant him the relief which he had claimed in his writ petition. So the short question that arises for consideration in this appeal is whether learned Single Judge was justified in dismissing the appellant 's writ petition.

(3.) IN our view, having regard to nature of controversy and the fact that he suffered adverse order without hearing him, he is entitled for one indulgence in the writ proceedings and hence we are inclined to allow the appeal and while setting aside of the impugned order remand the case to the writ Court for deciding the writ petition afresh on merits in accordance with law after affording an opportunity of hearing to the writ petitioner. We, however, make it clear that we have not applied our mind to the merits of the controversy having formed an opinion to remand the case on the ground mentioned above.