Binod Ch. Deori vs The State Of Assam And 4 Ors
2022 Latest Caselaw 2801 Gua

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GAHC010154062022




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

                           Case No. : WP(C)/5079/2022

         BINOD CH. DEORI
         S/O- LATE KAMALESWAR DEORI, VILL.- SANTAPUR, SISAPATHAR, P.O.
         LAHALIYAL, P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM, PIN- 784161.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
         ASSAM, FOREST AND ENVIRONMENT DEPARTMENT, DISPUR, GUWAHATI-
         781006.

         2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
         FOREST FORCE
         ASSAM
          PANJABARI
          GUWAHATI-37.

         3:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (ADMN. AND
         VIG.)

          PANJABARI
          GUWAHATI-37.

         4:THE DIVISIONAL FOREST OFFICER
          LAKHIMPUR S.F. DIVISION
          LAKHIMPUR.

         5:THE DIVISIONAL FOREST OFFICER
          KARIMGANJ DIVISION
          KARIMGANJ
          DIST. KARIMGANJ
         ASSA
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Advocate for the Petitioner   : MR B SINHA

Advocate for the Respondent : SC, FOREST




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

06.08.2022

Heard Mr. B. Sihna, learned counsel for the petitioner, who submits that the Office Order dated 04.12.2021 suspending the petitioner and the Speaking Order dated 30.05.2022, rejecting the prayer of the petitioner for voluntary retirement should be set aside.

The petitioner's case is that the State respondents had issued Office Order dated 17.06.2021, transferring the petitioner from Lakhimpur SF Division to Karimganj Division. As the petitioner was living with his ailing wife in Lakhimpur SF Division and his children were studying elsewhere, the petitioner made a representation dated 21.06.2021, praying that the transfer order should be suspended or in the alternative, voluntary retirement should be allowed. As nothing was communicated to the petitioner, the petitioner submitted another representation dated 29.11.2021 with the same prayer as made in the earlier representation.

The petitioner was thereafter suspended vide impugned order dated 04.12.2021. The petitioner's case is that he was not aware of the suspension order dated 04.12.2021. The petitioner submitted another representation dated 16.02.2022, praying that the petitioner should be Page No.# 3/4

allowed to go on voluntary retirement. Thereafter, the petitioner filed WP(C) No.2361/2022, which was disposed of vide order dated 01.04.2022, by directing the respondents to dispose of the petitioner's representation dated 16.02.2022 within a period of 1 (one) month.

Consequent to the order dated 01.04.2022 passed in WP(C) No.2361/2022, the State respondents issued the impugned Speaking Order dated 30.05.2022, wherein the petitioner's prayer for voluntary retirement has been rejected, as the petitioner was under suspension due to wilful disobedience of the orders of the superior authority and wilful unauthorized absence.

The petitioner's counsel submits that the petitioner should have been allowed to go on voluntary retirement in terms of FR 56(C) after 3 (three) months. He also submits that while the petitioner has been placed under suspension, vide the impugned Office Order dated 04.12.2021, in terms of Rule 6(1) of the Assam Services (Discipline & Appeal) Rules, 1964, there is nothing stated in the impugned order dated 04.12.2021 that the suspension had been made pending any departmental proceeding to be initiated against the petitioner. He also submits that no departmental proceeding has been initiated against the petitioner even till today and in terms of the judgment of the Apex Court in the case of Ajay Kumar Choudhary Vs Union of India & Another, reported in (2015) 7 SCC 291, the suspension order has to be set aside, as no review of the suspension order has taken place till today.

Issue Notice returnable in 4 (four) weeks.

Mr. S.M. Hassam, Advocate appearing on behalf of Mr. D. Gogoi, learned Standing Counsel, Forest Department, accepts notice for all the Page No.# 4/4

respondents.

List the matter after four weeks.

JUDGE

Comparing Assistant