Page No.# 1/2 vs Saikat Bhattacharjee
2021 Latest Caselaw 1644 Gua

                                                                    Page No.# 1/2

GAHC010096452021




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

                             Case No. : WP(C)/3263/2021

             THE UNION OF INDIA AND 2 ORS
             REPRESENTED BY THE COMPTROLLER AND AUDITOR GENERAL OF
             INDIA, 9, DEEN DAYAL UPADHAYAYA MARG, NEW DELHI 110124

             2: THE DEPUTY COMPTROLLER AND AUDITOR GENERAL OF INDIA (HR
             AND TRAINING)
              9
              DEEN DAYAL UPADHAYAYA MARG
              NEW DELHI 110124

             3: THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT ) ASSAM
              MAIDAMGAON
              BELTOLA
              GUWAHATI ASSAM 78102

             VERSUS

            SAIKAT BHATTACHARJEE
            S/O LATE SANKAR NAYARAN BHATTACHARJEE, ASSISTANT AUDIT
            OFFICER ( UNDER SUSPENSION), O/O PRINCIPAL ACCOUNTANT ,
            GENERAL (AUDIT) ASSAM, BELTOLA, GUWAHATI 781029
Advocate for the Petitioner : MR. R K TALUKDAR
Advocate for the Respondent : MR M CHANDA

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 12-07-2021 (Sudhanshu Dhulia, CJ)

The matter is taken up through video conferencing.

Page No.# 2/2

Heard Mr. R.K. Talukdar, learned counsel for the petitioners.

Issue notice of motion, returnable in four weeks.

Mr. S. Choudhury, learned counsel has accepted notice on behalf of the sole respondent.

Having gone through the judgment dated 14.12.2020 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati in Original Application No.040/00141/2020, where the Tribunal had set aside the suspension of the respondent on the grounds that the charge-sheet against the suspended employee (in a pending departmental enquiry), was filed beyond the period of ninety days. It is an admitted fact that against the respondent, presently a case under the Prevention of Corruption Act, 1988 is pending in the Court of the Sessions Judge, Charaideo.

Let a reply be filed by the respondent within three weeks.

List after four weeks.

Meanwhile, the judgment dated 14.12.2020 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati in Original Application No.040/ 00141/2020 shall remain stayed.

                   JUDGE                  CHIEF JUSTICE




Comparing Assistant