Anuradha Adhikari Sarma vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4914 Gua

Gauhati High Court

Anuradha Adhikari Sarma vs The State Of Assam And 3 Ors on 6 December, 2023

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                 Page No.# 1/4

GAHC010035912023




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

                          Case No. : WP(C)/1013/2023

         ANURADHA ADHIKARI SARMA
         W/O- SRI ATANU PRASAD SARMA, ADDRESS- H.NO. 57,
         BHAGADUTTAPUR, KAHILIPARA, GHY, DIST.- KAMRUP (M), ASSAM, PIN-
         781019



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REP. HEREIN BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT.
         OF FISHERIES, ADDRESS- JANATA BHAWAN, BLOCK E, 1ST FLOOR,
         DISPUR, GHY-781006, ASSAM

         2:ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
          REP. HEREIN BY ITS MANAGING DIRECTOR
         ADDRESS- V.I.P. ROAD
          SIX MILE
          CHACHAL
          BORBARI
          GHY- 36
          DIST.- KAMRUP (M)
         ASSAM

         3:DEPTT. OF PERSONNEL
          (PERSONNEL-A)
          GOVT. OF ASSAM
          REP. HEREIN BY ITS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
         ADDRESS- ASSAM SECRETARIAT (CIVIL)
          DISPUR
          GHY-06
          DIST.- KAMRUP (M)
         ASSAM
                                                                        Page No.# 2/4

            4:HIGH POWER COMMITTEE
            ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
            ADDRESS- V.I.P. ROAD
             SIX MILE
             CHACHAL
             BORBARI
             GHY- 36
             DIST.- KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. S CHAMARIA

Advocate for the Respondent : SC, AFDC




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

06.12.2023

Heard Mr. S. Chamaria, learned counsel for the petitioner. Also heard Mr.

C.K.S. Baruah, learned Government Advocate.

This writ petition is filed by the petitioner praying for setting aside the

suspension order dated 09.02.2023 issued by the respondent no.3 whereby the

petitioner was placed under suspension as well as challenged to the disciplinary

proceedings initiated against the petitioner. The learned counsel for the

petitioner has referred to the judgment passed by the Apex Court in Ajay Kumar

Choudhury vs. Union of India & Another reported in (2015) 7 SCC 291 and other

subsequent judgment of this court. According to the learned counsel for the

petitioner, the enquiry proceedings having not been completed by the Page No.# 3/4

Department within the period of 3 (three) months, the further continuation

suspension of the petitioner is unwarranted.

The respondents have filed their counter affidavit refuting to the

challenges made in the writ petition.

As per the earlier order dated 16.08.2023 records pertaining to the

suspension order of the petitioner dated 09.02.2022 as well as the order of

extension of suspension dated 24.05.2023 were directed to be produced. The

records have been produced before the Court but the learned Government

Advocate is unable to place before the Court the proposals which are put up by

the respondent Department seeking extension and /or review of the suspension

of the petitioner.

Accordingly, this Court is of the considered view that the opportunity be

granted to the respondent authority to place the proposal and order passed

thereon, if any, for extension and/or review of the suspension in respect of the

petitioner. In this context the respondent will also explain whether the

requirement of the Office Memorandum dated 04.02.2020 issued by the

Department of Personnel (B), Dispur, Guwahati has been adhered to. The said

Office Memorandum clearly lays down that the memorandum of charges and

charge sheet has to be served within a period of 3 (three) months and a Page No.# 4/4

reasoned order must be passed for extension of the suspension wherever

necessary. Learned Government Advocate appearing for the respondents are

permitted further 2 (two) weeks time to place the relevant records containing

the review and extension of suspension of the petitioner before this Court. In

the event the Court finds that the review of the suspension is not as per the

provision of law, this Court may consider of passing consequential order(s) in

this matter.

List the matter on 05.01.2024.

JUDGE

Comparing Assistant