Pranjal Kakati vs The State Of Assam And 4 Ors
2022 Latest Caselaw 2672 Gua

                                                                  Page No.# 1/3

GAHC010032062022




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

                          Case No. : WP(C)/1429/2022

         PRANJAL KAKATI
         S/O LATE MRIGEN KAKATI, R/O VILL- NO. 2 GALIAHATI, BARPETA,
         ASSAM-781301



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-6

         2:THE CHIEF ENGINEER
         WATER RESOURCES DEPARTMENT
          CHANDMARI
          GUWAHATI-3

         3:THE ADDITIONAL CHIEF ENGINEER
          LOWER ASSAM ZONE
         WATER RESORCES DEPARTMENT
          CHANDMARI
          GUWAHATI-3

         4:THE EXECUTIVE ENGINEER
          BARPETA WATER RESOURCES DIVISION
          BARPETA
         ASSAM -781301

         5:THE SUPERINTENDING ENGINEER
          MUKALMUA PROTECTION CIRCLE
         WATER RESOURCES DEPARTMENT
          DIST-BARPETA
         ASSAM-78130
                                                                Page No.# 2/3

Advocate for the Petitioner   : MR. R MAZUMDAR

Advocate for the Respondent : SC, WATER RESOURCE




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

02.08.2022

Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. R.M. Das, learned counsel for all the respondents.

The grievance of the petitioner is that the petitioner's suspension, vide Office Order No.481 dated 04.05.2022 w.e.f. 03.04.2021 is still being effect to, despite no review for extension of the same having been made subsequent to the order dated 07.10.2021, which is in violation of the judgment of the Apex Court in Ajay Kumar Choudhary Vs Union of India & Another, reported in (2015) 7 SCC 291, Union of India & Others vs. Dipak Mali, reported in (2010) 2 SCC 222, the orders of this Court passed in WP(C) 2863/2018 (Dr. A.K. Adhyapok vs. State of Assam & 3 Others) and WP(C) 6136/2021 (Kuppum Venkatesh Srikanth & Kuppum Venkatash Srikanth vs. The Indian Institute of Technology & 3 Others).

The petitioner's counsel submits that the petitioner was placed under suspension vide Office Order No.481 dated 04.05.2022 w.e.f. 03.04.2021 in relation to Barpeta P.S Case No.760/2021. Thereafter, charge-sheet was filed against the petitioner in Barpeta P.S Case No.760/2021 under Section 457/380 of IPC on 17.06.2021. A Review of the petitioner's suspension order was undertaken by the State respondents and order for extension issued on 07.10.2021 However, Page No.# 3/3

subsequent to 07.10.2021, there has been no further review undertaken by the respondents, to extend the suspension of the petitioner.

Mr. R. Mazumdar, learned counsel for the petitioner submits that a departmental proceeding had also been initiated against the petitioner on 09.06.2021. However, vide the order dated 07.10.2021, the said order which had extended the petitioner's suspension, had also closed the departmental proceeding initiated against the petitioner. He submits that only the criminal proceeding is still pending against the petitioner and as there has been no review of the suspension order subsequent to the order dated 07.10.2021, the review order would have to be set aside.

Mr. R.M. Das, learned counsel for all the respondents submits that he has been informed over mobile phone this morning, that there has been a review of the petitioner's suspension and further order has been issued, subsequent to the order dated 07.10.2021. He accordingly submits that he will produce the original complete file on 08.08.2022.

List the matter on 08.08.2022.

JUDGE

Comparing Assistant