Rina Saikia vs The State Of Assam And 3 Ors
2022 Latest Caselaw 371 Gua

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GAHC010114512019




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

                                 Case No. : WP(C)/3405/2019

            RINA SAIKIA
            W/O- LT RABIN SAIKIA, R/O- VILL AND P.O. KUWARITOL, DIST- NAGAON,
            ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            THROUGH THE SECY., TO THE GOVT. OF ASSAM, SOCIAL WELFARE
            DEPTT., DISPUR, GHY-6

            2:THE DIRECTOR
             SOCIAL WELFARE DEPTT.
            ASSAM
             UZAN BAZAR
             GHY-1

            3:THE DISTRICT SOCIAL WELFARE OFFICER
             NAGAON
             P.O. NAGAON
             DIST- NAGAON
            ASSAM

            4:THE CHILD DEVELOPMENT PROJECT OFFICER
             KALIABOR INTEGRATED CHILD DEVELOPMENT SCHEME (ICDS)
            PROJECT
             HATIGAON
             DIST- NAGAON
            ASSA

Advocate for the Petitioner   : MR. B CHOWDHURY

Advocate for the Respondent : GA, ASSAM
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                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                      ORDER

Date : 04-02-2022

Heard Mr. B. Choudhury, learned counsel for the petitioner well as Mr. B. Bora, learned Government Advocate for all the respondents.

2. The petitioner was engaged as Anganwadi helper of 1 No. Kuwaritol Angwanwadi centre under Kaliabor ICDS project after due selection of process. In connection with a criminal case lodged against the petitioner, she was arrested on 29.04.2018 and was kept in police custody for more than 48 hours. Therefore, the petitioner was released from service w.e.f. 29.04.2014 by virtue of office order dated 13.05.2014 issued by the respondent no.4.

3. The grievance of the petitioner is that in view of her arrest, she ought to have been placed under suspension instead of being released from service. It is projected that in course of trial, the petitioner was acquitted vide judgment and order dated 06.12.2018 passed by learned Judicial Magistrate First Class, Kaliabor in PRC No.388/2015. It is projected that upon acquittal the petitioner had submitted a representation on 21.01.2019 (Annexure-3 to the writ petition) along with a certified copy of the said judgment and order and other documents. However, despite service of the said representation on the respondent no.4, the petitioner was not reinstated and therefore, the petitioner has filed this writ petition under Article 226 of the Constitution of India and has Page No.# 3/4

sought for a direction of the Court upon the respondent authorities to immediately reinstate the petitioner in service.

4. The learned Govt. Advocate has referred to the stand taken in the affidavit-in-opposition filed by the respondent no.4 and it is submitted that the specific stand of the respondent no.4 is that there is no record of any representation by the petitioner with a prayer for reinstatement.

5. Taking note of the stand taken by the respondent no.4 and having found force in the submission made by the learned counsel for the petitioner that as the petitioner was arrested and detained for more than 48 hours, she being a selected Anganwadi helper after due selection process, the appropriate measure that ought to have been taken by the respondents would ideally be to suspend the petitioner and draw up a disciplinary proceeding.

6. In view of above, the Court is of the considered opinion that ends of justice would be met by directing the respondent no.4 to the effect that on receipt of the certified copy of this order along with a copy of the writ petition, the respondent no.4 shall treat the same as a representation by the petitioner and the said authority would decide the representation of the petitioner for being reinstated in service as Anganwadi helper in 1 No. Kowaritol Anganwadi Centre under Kaliabor ICDS project, Nagaon and such decision shall be taken within an outer limit of 2(two) months from the date of receipt of the certified copy of this order.

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7. The respondent no.4 shall ensure that after an order is passed on the representation of the petitioner, the same shall be communicated to her. In this regard, the petitioner is also directed that while serving a certified copy of the order, she would also provide an e-mail address or a mobile number having Whatsapp facility to enable the respondent authorities to communicate the order passed on the representation of the petitioner to her.

8. The writ petition stands allowed to the extent as indicated above.

9. The parties are left to bear their own cost.

JUDGE

Comparing Assistant