Gauhati High Court
Sribas Ghosh vs The State Of Assam And 4 Ors on 3 April, 2023
Page No.# 1/3
GAHC010071392023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1895/2023
SRIBAS GHOSH
S/O- SRI KRIPESH GHOSH, R/O- SILCHAR, P.O. AND P.S. SILCHAR, DIST.-
CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PUBLIC
WORKS DEPTT., DISPUR, GHY-6
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR GHY-6
3:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (ROADS)
ASSAM CHANDMARI
GHY-3
4:THE SUPERINTENDING ENGINEER
PUBLIC WORKS DEPTT.
CACHAR ROAD CIRCLE
SILCHAR DIST.- CACHAR
ASSAM
5:THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPTT. (ROADS)
SILCHAR AND UDHARBOND DIVISION
SILCHAR
ASSA
Page No.# 2/3
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : SC, FINANCE DEPTT.
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
03.04.2023
Heard Mr. P. J. Saikia, the learned counsel for the petitioner and Mr.
P. Nayak, the learned counsel appearing on behalf of the Public Works
Department as well as also for the Finance Department of the Government
of Assam and he accepts notice on behalf of the respondent Nos.1 to 5.
Issue notice making it returnable on 21.04.2023.
As Mr. P. Nayak, the learned counsel accepts notice on behalf of the
respondent Nos.1 to 5, extra copies of the writ petition be served upon
him by 12.04.2023.
The case of the petitioner herein is that the petitioner is a Muster
Roll employee who had completed more than 10 years of service as on
01.06.2017, and as such, the petitioner has been given the minimum scale
of pay pursuant to the judgment of the Division Bench of this Court in the
case of State of Assam vs. Upen Das and Others in WA No.45/2014 dated
08.06.2017. Subsequent to the arrest in respect to ACB P.S. Case
No.53/2022 under Sections 7 (a)/13(2) of the Prevention of Corruption
Act, 1988, the petitioner was suspended by the Executive Engineer,
PWRD, Silchar and Udharbond Territorial Road Division in terms with Rule
6 (2) of the Assam Service (Discipline & Appeal) Rules 1964 w.e.f. the
date of his detention, i.e. 05.11.2022. Thereupon, on 08.12.2022, the
Page No.# 3/3
petitioner was granted bail by the Special Judge, Assam in ACB P.S. Case
No.53/2022. The petitioner thereupon on 15.12.2022 informed the
Executive Engineer, PWRD, Silchar and Udharbond Territorial Road Division
that he has been granted bail on 08.12.2022. Further to that, he had also
stated that he be paid his subsistence allowance on the ground that he
being a low paid employee serving as a non-regular Muster Roll worker is
facing extreme financial crisis and has to support to his parents also. The
petitioner thereupon again on 09.03.2023 requested the Executive
Engineer, PWRD, Silchar Udharbond Territorial Road Division for revocation
of the suspension order and to reinstate him. However, neither the
subsistence allowance has been paid nor the petitioner having been
reinstated for which the petitioner has approached this Court on the
ground of continuation of the suspension of the petitioner after his release
on bail beyond the period of three months is contrary to the judgment of
the Supreme Court in the case of Ajay Kumar Choudhury vs. The Union of
India, reported in (2015) 7 SCC 291 in as much as no Memorandum of
charges has been served upon him.
Mr. P. Nayak, the learned counsel appearing on behalf of the Public
Works Department shall obtain instructions as regards the suspension
order and also as to whether the petitioner would be entitled to the
subsistence allowance during this period taking into account that the
petitioner is not in the service of the General Government Cadre.
List accordingly.
JUDGE
Comparing Assistant
