Sahjamal Ali vs The State Of Assam And 2 Ors
2022 Latest Caselaw 802 Gua

                                                                     Page No.# 1/3

GAHC010042442022




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

                                 Case No. : WP(C)/1612/2022

            SAHJAMAL ALI
            S/O- LATE HADISH ALI, R/O- NORTH BARPETA, AZAD NAGAR, P.O-
            BARPETA, DIST- BARPETA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
            DEPARTMENT OF HEALTH AND FAMILY WELFARE ,
            DISPUR, GHY-06

            2:THE DIRECTOR
             OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI-6
             DIST. KAMRUP (M)
            ASSAM.

            3:THE JOINT DIRECTOR OF HEALTH SERVICES

             BARPETA
             P.O- AND DISTRICT- BARPETA
             PIN-78130

Advocate for the Petitioner   : MR. N HAQUE

Advocate for the Respondent : SC, HEALTH
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                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

07.03.2022

Heard Mr. N. Haque, learned counsel for the petitioner, who submits that the petitioner was arrested in relation to a complaint regarding misappropriation of fund relating to construction of a road under MLAAD Scheme in Baghbar LAC, wherein CM's Vigilance P.S. Case No.2/2021 under Section 120(B)/406/420/409/468/471 read with Section 13(2) of the PC (Amendment) Act, 1988 was registered.

2. The petitioner's counsel submits that the petitioner was arrested and incarcerated in judicial custody. Thereafter petitioner was suspended vide order dated 28.06.2021. The petitioner was released on bail on 29.09.2021.

3. The petitioner's counsel submits that as no charge-sheet has been filed till date and as no departmental proceeding has been initiated against the petitioner, the petitioner's suspension order should be set aside. The petitioner's counsel also submits that the petitioner had submitted an appeal dated 09.10.2021 before the Director, Health Services, Assam to set aside the suspension order in terms of the judgment of the Apex Court in Ajay Kumar Chaudhury vs. Union of India, reported in (2015) 7 SCC 291. He accordingly submits that a direction should be issued to the Director, Health Services to consider the petitioner's application and if it is found that no charge-sheet has been filed in the criminal case and no departmental proceeding has been initiated against the petitioner, the petitioner's suspension order should be cancelled/set aside and he should be reinstated immediately.

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4. Ms. D. Borah, learned counsel appearing for the Heath Department submits that she has got no objection to the prayer made by the petitioner's counsel.

5. On hearing the learned counsels for the parties and on considering the issue involved, the respondent no.2 is directed to consider the petitioner's appeal dated 09.10.2021 (although mistakenly typed as "09.10.2012") [Annexure-5 to the writ petition] and take a decision on the same within a period of 2 (two) weeks from the date of receipt of a certified copy of this order. If the respondent no.2 comes to a finding that no charge-sheet has been filed against the petitioner in CM's Vigilance P.S. Case No.2/2021 and if no departmental proceeding has been initiated against the petitioner till date, the suspension order dated 26.08.2021 should be set aside and the petitioner should be reinstated into service immediately.

6. The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant