Lagan Basowar vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4836 Gua

Gauhati High Court

Lagan Basowar vs The State Of Assam And 3 Ors on 1 December, 2023

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                           Page No.# 1/3

GAHC010265642023




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

                                 Case No. : WP(C)/6871/2023

            LAGAN BASOWAR
            D/O- SRI GOPI BASOWAR, R/O- NILPUR TEA ESTATE, P.O. AND P.S.
            BISWANATH CHARIALI, DIST.- BISWANATH, ASSAM, PIN- 784176



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
            DISPUR, GUWAHATI-6

            2:THE DEPUTY COMMISSIONER
             BISWANATH
            ASSAM
             PIN- 784176

            3:THE ADDL. DEPUTY COMMISSIONER
            AND I/C BISWANATH
            ASSAM
             PIN- 784176

            4:THE CIRCLE OFFICER
             BISWANATH REVENUE CIRCLE
             BISWANATH
             PIN- 78417

Advocate for the Petitioner   : MR. I H SAIKIA

Advocate for the Respondent : GA, ASSAM
                                                                       Page No.# 2/3

                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                       ORDER

01.12.2023 Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. D. Bora, learned Jr. Government Advocate for the respondents No. 2, 3 & 4 and Mr. J. Handique, learned Standing Counsel, Revenue for the respondent No. 1.

The petitioner was working as a Lot Mandal under the Office of the Deputy Commissioner, Sonitpur, Tezpur. Pursuant to an FIR lodged, he was taken into custody subsequently he was released. Thereafter, he was placed under suspension by order dated 27.03.2023 under Rule 6(2) of the Assam Services (Discipline and Appeal) rules, 1964.

The petitioner's grievances are that his suspension has not been reviewed as required under the law laid down by the Apex Court in Ajay Kumar Choudhury Vs. Union of India, reported in (2015) 7 SCC 291 as well as the Judgment of the Division Bench of this Court in Rakibuddin Ahmed vs. State of Assam, reported in (2020) 2 Gau LR 621 and that not having been done, the petitioner is entitled to be reinstated in service with immediate effect.

Mr. D. Bora and Mr. Handique have objected to the submissions made and submits that a Co-ordinate Bench of this Court in Rafed Ali Ahmed Vs. State of Assam and Ors, reported in 2023 SCC OnLine Gau 547 has held that Ajay Kumar Choudhury (Supra) and Rakibuddin Ahmed (Supra) did not deal with the situation covered under 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964 and accordingly, this judgment had laid down the procedure to be adopted in the event of suspension under Rule 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964.

Page No.# 3/3

Let the respondents counsel will obtain instructions as to whether any departmental proceedings have been against the petitioner as on date and if so what is the status.

Let the matter be listed again on 19.12.2023.

JUDGE

Comparing Assistant