Bidhan Saikia vs The State Of Assam And 3 Ors
2021 Latest Caselaw 422 Gua

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GAHC010017662021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/644/2021

            BIDHAN SAIKIA
            S/O LATE PANIRAM SAIKIA, R/O NAZIRAKHAT, SONAPUR, P.O. SONAPUR,
            P.S. SONAPUR, DIST. KAMRUP (M), ASSAM, PIN 782404
            PRESENTLY SENIOR INSPECTOR/AUDITOR, COOPERATIVE SOCIETIES,
            OFFICE OF THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES, NORTH
            LAKHIMPUR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM,
            COOPERATION DEPTT., DISPUR, GUWAHATI 6

            2:THE SECY. TO THE GOVT. OF ASSAM
             COOPERATION DEPTT.
             DISPUR
             GUWAHATI 6

            3:STATE ENQUIRY OFFICER

             ASSAM SECRETARIAT (CIVIL)
             DISPUR
             GUWAHATI 6

            4:THE REGISTRAR OF CO OPERATIVE SOCIETIES

             GOVT. OF ASSAM
             KHANAPARA
             GUWAHATI 2

Advocate for the Petitioner   : MR R CHAKRAVORTY
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Advocate for the Respondent : GA, ASSAM




                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

05.02.2021 Heard Mr. R. Chakravorty, learned counsel for the petitioner, who submits that there is a criminal proceeding going on simultaneously along with the departmental proceeding against the petitioner. He submits that as the charges framed in both the proceedings are exactly the same, the departmental proceeding should be set aside till the criminal proceeding is completed. In support of his submissions, the learned counsel for the petitioner has relied upon the judgment of the Apex Court in the case of Kusheshwar Dubey Vs. Bharat Coking Coal Ltd. and Ors., reported in AIR 1998 SCC 2118 and in the case of SBI Vs. Neelam Nag, reported in (2016) 9 SCC 491.

Issue Notice, returnable within 3(three) weeks.

Ms. M.D. Bora, learned counsel accepts notice on behalf of all the respondents and she submits that the criminal proceeding and the departmental proceeding can go on simultaneously, as held by the Apex Court in the case of Depot Manager, A.P. State Raod Transport Corporation Vs. Mohd. Yousuf Miyai, reported in (1997) 2 SCC 699.

List after 3(three) weeks.

JUDGE

Comparing Assistant