Dilip Kumar Gogoi vs The State Of Assam And 4 Ors
2021 Latest Caselaw 751 Gua

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GAHC010245992019




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

                         Case No. : WP(C)/7744/2019

         DILIP KUMAR GOGOI
         S/O LT. LAXMI NARAYAN GOGOI, PRESENTLY RESIDING AT
         VILL.KACHUJAN COLLEGE TINALI, GELAPUKHURI ROAD, P.O. AND P.S.
         AND DIST. TINSUKIA, PERMANENTLY RESIDING AT CHANGMAI VILLAGE,
         P.O. AND P.S. LAHOAL, DIST. DIBRUGARH, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         DEPTT. OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI, PIN-
         781006

         2:THE JOINT SECRETARY
         TO THE GOVT. OF ASSAM
          DEPTT. OF HEALTH AND FAMILY WELFARE(A)
          DISPUR
          GUWAHATI
          PIN-781006

         3:DEPUTY SECRETARY
         TO THE GOVT. OF ASSAM
          DEPTT. OF HEALTH AND FAMILY WELFARE
          DISPUR
          GUWAHATI
          PIN-781006

         4:THE DIRECTOR OF HEALTH SERVICES
          GOVT. OF ASSAM
          HANGRABARI
          GUWAHATI-781006
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             5:THE JOINT DIRECTOR OF HEALTH SERVICES
              GOVT. OF ASSAM
             TINSUKIA
             ASSAM
              PIN-78100

Advocate for the Petitioner     : MR. A K PURKAYASTHA

Advocate for the Respondent : SC, HEALTH




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                               ORDER

02.03.2021

Heard Mr. A.K. Purkayastha, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned counsel for the Health Department.

This writ petition has been filed by the petitioner praying for a direction to suspend the departmental proceedings which has been initiated against him in view of the fact that a criminal case has also been initiated against the petitioner vide Tinsukia P.S Case No.1117/2014 under Section 7 of the Prevention of Corruption Act. The petitioner's case is that both the criminal proceedings and the disciplinary proceedings cannot go on simultaneously in terms of the judgment of the Apex Court in A.L. Kalara vs. The Project and Equipment Corporation of India Ltd., reported in (1984) 3 SCC 316.

The petitioner's counsel also submits that the petitioner had already filed WP(C) 6903/2017, wherein the suspension of the petitioner vide order dated 20.08.2015 w.e.f. 23.11.2014 had been challenged. He submits that though the suspension order dated 20.08.2015 has been set aside vide order dated 03.10.2018 passed in WP(C) 6903/2017, the petitioner has not been reinstated into service and neither has any arrear salary been paid to the petitioner.

Mr. D.P. Borah, learned counsel for the Health Department submits that the departmental proceeding that has been initiated against the petitioner is on it's final leg. He submits that the petitioner was given a copy of the Inquiry Report and the petitioner has submitted his representation against the same. Further, the view of the Assam Public Service Commission has been taken with regard to the proposed penalty and only the view of the Judicial Department, Government of Assam remains to be taken. He also submits that there are various judgments of the Apex Court which has Page No.# 3/3

held that the departmental proceedings and criminal proceedings can go on simultaneously. He also submits that the petitioner will be reinstated into service, as his suspension order has already been set aside by this Court.

I have heard the counsels for the parties.

In the earlier round of litigation, this Court vide order dated 03.10.2018 passed in WP(C) 6903/2017 had set aside the suspension order dated 20.08.2015 passed by the Secretary to the Government of Assam, Health & Family Welfare Department, by which the petitioner was suspended as Senior Medical & Health Officer of Tinsukia Civil Hospital w.e.f. 23.11.2014. This Court vide the said order dated 03.10.2018 had also granted liberty to the State respondents to complete the disciplinary proceeding initiated against the petitioner.

In view of the order dated 03.10.2018 passed in WP(C) 6903/2017, the petitioner's challenge to the disciplinary proceeding cannot be entertained, inasmuch as, the order dated 03.10.2018 has attained finality and as no appeal has been filed against the same. However, keeping in view the fact that the disciplinary proceeding has not been completed till date, this Court directs the State respondents to conclude the disciplinary proceedings initiated against the petitioner within a period of 2 (two) months from the date of receipt of a certified copy of this order.

Further, as the order dated 20.08.2015, suspending the petitioner, has been set aside vide order dated 03.10.2018, the State respondents shall immediately reinstate the petitioner into service and pay to the petitioner all his arrear salaries and allowances, as admissible as per law, within a period of 3 (three) weeks from the date of receipt of a certified copy of this order.

The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant