Gauhati High Court
Ashirbad Hazarika vs The State Of Assam And 2 Ors on 17 March, 2023
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GAHC010045992023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1240/2023
ASHIRBAD HAZARIKA
S/O- DR. INDRA KUMAR HAZARIKA,
R/O- SANTIDAN PATH,
RUPALIM NAGAR, LANKESWAR,
P.O.- GAUHATI UNIVERSITY,
P.S.- JALUKBARI, DIST.- KAMRUP(M),
ASSAM, PIN- 781014.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GUWAHATI- 6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT (LR) DEPTT.
DISPUR
GUWAHATI-6.
3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT(LR) DEPTT.
DISPUR
GUWAHATI-6
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : GA, ASSAM
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BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
17.03.2023
Heard Mr. K. N. Choudhury, the learned senior counsel assisted by
Mr. J. Patowary, the learned counsel for the petitioner and Mr. R. Dhar, the
learned counsel appearing on behalf of the respondent No.1 as well as Mr.
S. Dutta, the learned counsel appearing on behalf of the respondent Nos.2
& 3.
Issue notice making it returnable on 24.03.2023.
As the respondents are duly represented by their respective
counsels, extra copies of the writ petition be served upon them during the
course of the day.
The case of the petitioner in brief is that the petitioner was arrested
pursuant to an FIR filed on 12.06.2022 before Dhula P.S. in connection
with the death of a girl child on 11.06.2022. The said case was registered
and numbered as Dhula P.S. Case No.114/2022, registered under Sections
376/302 IPC read with Section 10 of the POCSO Act and read with Section
14 of Child Labour (Prohibition and Regulation) Act, 1986. There upon, the
petitioner was arrested on 10.11.2022. Subsequent thereto, on the basis
of an order dated 14.11.2022 passed in BA No.3045/2022, the petitioner
was released from custody. In the meantime as the petitioner was
arrested on 10.11.2022, the Appointing Authority vide an order dated
12.11.2022 placed the petitioner under suspension with effect from the
date of his arrest.
The learned senior counsel for the petitioner has submitted that on
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12.12.2022, the fact that the petitioner was released on bail on
15.11.2022 was brought to the notice of the Appointing Authority by
sending the said communication vide registered post with A/D. In that
regard, the communication dated 12.12.2022 was placed before this
Court. This Court deems it proper that the said communication along with
the postal receipt be brought on record by way of an additional affidavit.
The case of the petitioner herein is that applying the law as laid
down in the case of Ajay Kumar Choudhury vs. The Union of India, reported
in (2015) 7 SCC 291 as well as the judgment of this Court in the case of
Rakibuddin Ahmed vs. State of Assam and Others dated 17.02.2023, as the
petitioner had duly intimated the Appointing Authority that he has been
released from custody and is otherwise not in custody and there has been
no Memorandum of charges/charge sheet having been served upon the
petitioner till date, the further continuation of the suspension is in the
teeth of the law laid down in the case of Ajay Kumar Choudhury (supra).
On the returnable date, Mr. S. Dutta, the learned counsel appearing
on behalf of the respondent Nos.2 & 3 shall apprise this Court upon
instructions as to when the communication dated 12.12.2022 was received
and as to whether the Memorandum of charges/charge sheet has been
served upon the petitioner in the meantime.
List accordingly.
JUDGE
Comparing Assistant
