Habibur Rahman vs The State Of Assam And 2 Ors
2022 Latest Caselaw 1842 Gua

                                                                   Page No.# 1/3

GAHC010097872022




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

                                 Case No. : WP(C)/3380/2022

            HABIBUR RAHMAN
            S/O- LATE KHALILUR RAHMAN, R/O- VILLAGE KHUTAKHUTIA, P.S -
            NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM, PIN-787001



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
            ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, ASSAM, GUWAHATI-
            781006

            2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
            AND HEAD OF FORCE
            ASSAM
             PANJABARI
             GUWAHATI-781037

            3:THE DIVISIONAL FOREST OFFICER
             NAGAON
             SOUTH DIVISION
             HOJAI
            ASSAM
             PIN-78243

Advocate for the Petitioner   : MR. A M AHMED

Advocate for the Respondent : SC, FOREST

Page No.# 2/3

-B E F O R E-

HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

27.05.2022

Heard Mr. A.M. Ahmed, learned counsel for the petitioner, who submits that the petitioner was placed under suspension vide impugned order dated 26.11.2021 issued by the respondent No.3. He submits that a criminal case, i.e. Lumding P.S. Case No. 224/2021 u/s 147/427/326/506/307 IPC read with Section 24(a)(b)/ 25(a)(b)(c)(d)

(f)/40(2)(b)/60(1) of the AFR Act was registered. The petitioner was also put under judicial custody for 28 days between the period 22.12.2021 to 20.12.2021, the date on which he was released on bail. He submits that as no chargesheet has been filed in the criminal case and as no departmental proceeding has been initiated against the petitioner, besides there being no review of the suspension order dated 26.11.2021, the suspension order should be set aside.

Mr. D. Gogoi, learned counsel for the Forest Department prays for time to file affidavit-in-opposition. He, however, submits that no chargesheet has been filed in the criminal case and no departmental proceeding has been initiated against the petitioner. He further submits that there has been no review of the petitioner's suspension order dated 26.11.2021.

In view of the judgment of the Apex Court in the case of Ajay Kumar Choudhary -vs- Union of India & Ors., reported in (2015) 7 SCC 291 and the judgment of the Division Bench of this Court in Writ Appeal No. 28/2021 ( State of Assam & Ors. -vs- Mrigen Haloi), reported in 2021 (4) GLT 682, the suspension order dated 26.11.2021 has to be set aside.

On considering the submissions made by the learned counsels for the parties, this writ petition is disposed of with a direction to the respondents to re-instate the petitioner in service with liberty being given to them to transfer and post the petitioner in any other office within or outside the State, so that the petitioner is unable to Page No.# 3/3

influence the course of any investigation or departmental proceeding that may be initiated against him.

JUDGE

Comparing Assistant