Pranjal Kakati vs The State Of Assam And 4 Ors
2022 Latest Caselaw 899 Gua

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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
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Advocate for the Petitioner   : MR. R MAZUMDAR

Advocate for the Respondent : SC, WATER RESOURCE




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

Date : 14.03.2022

Heard Mr. H. Bezbarua, learned counsel for the petitioner, who submits that the petitioner was arrested on 03.04.2021, in connection with Barpeta PS Case No. 760/2021 under Section 457/380 IPC.

The petitioner was thereafter placed under deemed suspension under Rule 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964 vide Order dated 04.05.2021 w.e.f. 03.04.2021.

The petitioner's counsel submits that no charge-sheet has been filed in Barpeta PS Case No. 760/2021 under Section 457/380 IPC till date. However, departmental proceeding was initiated on 09.06.2021. He submits that as departmental proceeding was not initiated within 3 (three) months from the date of his suspension, the petitioner's suspension order should be set aside and he should be reinstated into service in terms of the judgment of the Apex Court in Ajay Kumar Choudhary Vs. Union of India & Ors., reported in (2015) 7 SCC

291.

Mr. B. Goswami, learned Addl. Advocate General, on the other hand submits that besides the departmental proceeding being initiated prior to the filing of the present writ petition, a review had been undertaken on the Page No.# 3/3

suspension of the petitioner on 07.10.2021 and a decision taken to extend the suspension.

Issue notice, returnable in 3 (three) weeks.

Ms. S. Chutia, learned counsel accepts notice on behalf of all the respondents.

List the matter again on 08.04.2022.

An attempt shall be made to dispose of the case on the said date.

JUDGE

Comparing Assistant