Nabajyoti Borah vs The State Of Assam And 6 Ors
2022 Latest Caselaw 1557 Gua

                                                                   Page No.# 1/3

GAHC010086232022




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

                           Case No. : WP(C)/2995/2022

         NABAJYOTI BORAH
         S/O- LATE NORESH CH. BORAH
         R/O- MARIANI, JOYMOTI NAGAR
         GANGAPAR,
         P.O AND P.S- MARIANI
         DIST- JORHAT, ASSAM, PIN-785364



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, FOREST DEPARTMENT, DISPUR,
         GUWAHATI-781006, ASSAM

         2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE)
          PANJABARI
          GUWAHATI-37

         3:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMIN. AND
         VIGILANCE)
          PANJABARI
          GUWAHATI-37

         4:CONSERVATOR OF FORESTS
          EASTERN ASSAM CIRCLE
          JORHAT

         5:DIVISIONAL FOREST OFFICER
          JORHAT DIVISION
          JORHAT

         6:DIVISIONAL FOREST OFFICER
                                                                                   Page No.# 2/3

             EASTERN ASSAM WILDLIFE DIVISION
             BOKAKHAT

             7:RANGE FOREST OFFICER
              BOKAKHAT RANGE
              BOKAKAHA

Advocate for the Petitioner   : MR. T J MAHANTA

Advocate for the Respondent : SC, FOREST




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 11.05.2022 Heard Mr. TJ Mahanta, learned Senior Counsel assisted by Ms. P Bhattacharya, learned

counsel for the petitioner.

2. The petitioner's case is that the petitioner was placed under suspension vide Office

Order dated 20.01.2022 and his headquarter was fixed in the Office of DFO, EAWL, Bokakhat.

Thereafter, the petitioner was transferred, while under suspension to the Modarjuri APC

under Bokakhat Range, Bokakhat vide letter dated 22.02.2022 issued by the Range Forest

Officer, Bokakhat Range, Bokakhat. The petitioner joined his duty at EAWL, Bokakhat Division

on 01.02.2022.

3. The petitioner's counsel submits that till today, the petitioner has not been paid either

his subsistence allowance or any salary. He further submits that no charge-sheet or

memorandum of charge has been issued against the petitioner, even though 90 days have

elapsed from the date of the order of suspension of the petitioner. The petitioner's counsel

thus submits that suspension of the petitioner vide impugned order dated 20.01.2022 should

be set aside, as per law laid down by the Hon'ble Apex Court in the case of Ajay Kumar Page No.# 3/3

Choudhury -vs- Union of India & Ors reported in (2015) 7 SCC 291.

4. Mr. D Gogoi, learned counsel for all the respondents fairly submits that no review of

the petitioner's suspension order has been undertaken by the respondents till date. He also

submits that neither subsistence allowance nor salary has been paid to the petitioner.

5. In view of the submissions made by the learned counsel for the respondents and

keeping in view the judgment of the Honb'le Apex Court in the case of Ajay Kumar

Choudhury (supra), the suspension order dated 20.01.2022 of the petitioner is hereby set

aside.

6. The respondents are directed to re-instate the petitioner immediately into service. The

petitioner should also be paid his subsistence allowance for the period of suspension

undergone and the petitioner should also be given his regular salary from today. The

payment of subsistence allowance shall not prejudice the right of the petitioner to claim his

salary for the period of suspension, in case the State respondents do not initiate any

departmental proceeding against the petitioner.

The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant