Jitu Saikia vs The State Of Assam And 3 Ors
2023 Latest Caselaw 1680 Gua

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GAHC010068952023




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

                          Case No. : WP(C)/1913/2023

         JITU SAIKIA
         S/O- LATE JOGEN SAIKIA,
         R/O- AND P.O.- SISSIBORGAON,
         DIST.- DHEMAJI, ASSAM,
         PIN- 787110.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM,
         LAND AND REVENUE DEPARTMENT,
         DISPUR, GUWAHATI- 781006.

         2:THE DEPUTY COMMISSIONER
          DHEMAJI
          DIST- DHEMAJI
         ASSAM
          PIN- 787057.

         3:THE ADDL. DEPUTY COMMISSIONER (REV)
          DHEMAJI CUM ENQUIRY OFFICER
          DIST.- DHEMAJI
         ASSAM

         PIN- 787057.

         4:THE CIRCLE OFFICER
          SISSSIBORGAON CIRCLE
          DIST.- DHEMAJI
         ASSAM
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            PIN- 787110

Advocate for the Petitioner   : MR. B CHETRI

Advocate for the Respondent : SC, REVENUE

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

28.04.2023

Heard Mr. B. Chetri, the learned counsel for the petitioner and Mr. S. Dutta, the learned counsel appearing on behalf of the respondent Nos.1 as well as Mr. J. K. Goswami, the learned counsel appearing on behalf of the respondent Nos.2, 3 & 4.

2. The learned counsel appearing on behalf of the respondent Nos.2 to 4 has submitted that on 24.04.2023, the Memorandum of charges has already been served upon the petitioner.

3. Mr. B. Chetri, the learned counsel for the petitioner has submitted that pursuant to the Memorandum of charges, the petitioner has submitted its reply. However, it is the submission of Mr. B. Chetri, the learned counsel for the petitioner that as the Memorandum of charges has been submitted after the period of three months from the date of suspension of the petitioner, it is in conflict 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 as well as the Office Memorandum

dated 04.02.2020 which has been issued pursuant to the order passed by this Court and accordingly the petitioner is required to be reinstated.

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4. This Court specifically pointed out to the learned counsel for the petitioner as regards the paragraph No.22 of the judgment in the case of Ajay Kumar Choudhury (supra) wherein it has been categorically mentioned that in view of the fact that during the pendency of the proceedings before the Supreme Court, the Memorandum of charges has already been served upon the petitioner therein, the declaration of law as is given in paragraph No.21 of the said judgment shall not apply.

3. The learned counsel for the petitioner has submitted that he would look into the said aspect of the matter.

4. Accordingly, let the matter be listed again on 17.05.2023.

5. In the meantime, the respondents shall be at liberty to take necessary steps for appointment of the Enquiry Officer in terms with Rule 9 (4) of the Assam Services (Discipline and Appeal) Rules, 1964 so that the Disciplinary Proceedings could be brought to logical conclusion as expeditiously as possible.

JUDGE

Comparing Assistant