Prasanta Dutta vs The State Of Assam And 4 Ors
2021 Latest Caselaw 3024 Gua

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GAHC010189642021




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

                         Case No. : WP(C)/6081/2021

         PRASANTA DUTTA
         SON OF SRI PURNA DUTTA
         HOUSE NO. 9A, BISHNU PATH MATHURA NAGAR, DOWN TOWN, DISPUR,
         GUWAHATI-781006



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE SECRETARY TO THE HOME DEPARTMENT, GOVT. OF ASSAM,
         SECRETARIAT COMPLEX, DISPUR, GUWAHATI-781006.

         2:THE PRINCIPAL SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS

          GOVT. OF ASSAM
          SECRETARIAT COMPLEX
          DISPUR
          GUWAHATI-781006.

         3:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          HOME AND POLITICAL DEPARTMENT
          SECRETARIAT COMPLEX
          DISPUR
          GUWAHATI-781006

         4:THE DIRECTOR GENERAL OF POLICE

          ASSAM POLICE HEAD QUARTER
          ULUBARI
          GUWAHATI-781003.

         5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE
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             CRIME INVESTIGATION DEPARTMENT (CID)
             ASSAM POLICE ULUBARI
             GUWAHATI-78100

Advocate for the Petitioner   : MR. S KALITA

Advocate for the Respondent : GA, ASSAM




                             BEFORE
           HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                         ORDER

22.11.2021

Heard Mr. S Kalita, learned counsel for the petitioner who submits that the petitioner was placed under suspension by the order dated 17.06.2021. He submits that despite five months having elapsed no memorandum of charge has been filed against the petitioner. He also submits that there has been no review of the petitioner's suspension order which allows for extension of the same.

The learned counsel for the petitioner submits that in view of the judgment of the Supreme Court in Ajay Kumar Choudhary Vs. Union of India & Anr., reported in (2015) 7 SCC 291, the order of suspension is liable to be interfered as no memorandum of charge has been submitted against the petitioner.

Mr. R Dhar, learned counsel for the State respondents submits that he would obtain instruction with regard to the same.

List the matter on 26.11.2021.

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Comparing Assistant