WP(C) 3199/2008 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Ms. B. Bhuyan, learned counsel for the petitioner as well as Ms. R. Chakra borty, learned Additional Senior Government, Assam. By means of this writ petition, the petitioner has prayed for a direction to all ow the petitioner’s active participation by way of providing reasonable opportun ity of being heard in connection with the departmental proceeding drawn against him vide Proceeding No.15/2005. According to the petitioner, he has not been fu rnished with the reasonable opportunity of being heard. In fact he is aggrieved by the Annexure-E order dated 22-07-2008 by which the copy of the enquiry repor t furnished by the Enquiry Officer was forwarded to him. Law is well settled that the delinquent is entitled to make representation again st the enquiry report and the Disciplinary Authority is to pass appropriate orde r on the basis of the enquiry report, evidences on record and the representation made by the delinquent against the enquiry report. It is not known as to whethe r that stage has arrived in the proceeding or not. However, from the order dated 22-07-2008, it appears that the petitioner has been furnished with the copy of the enquiry report dated 18-07-2008 and he was directed to appear for hearing on 25-07-2008. In view of the above, while not interfering with the departmental proceeding sta ted to have been completed against the petitioner, I dispose of the writ petitio n providing that it will be open for the petitioner to make representation again st the enquiry report dated 18-07-2008. In the representation, the petitioner w ill be entitled to urge all such grounds as may be available to him. In the eve nt of making such representation on or before 31-07-2008, the Disciplinary Autho rity may pass appropriate order in consideration of the materials available on r ecord. With the above direction, the writ petition is disposed of.