Raju Seal vs The State Of Assam And Anr
2023 Latest Caselaw 1102 Gua

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GAHC010013932023




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

                                 Case No. : WP(C)/781/2023

            RAJU SEAL
            S/O- MONINDRA KUMAR SEAL,
            R/O- SILCHAR TOWN, WARD NO. 23,
            P.S.- SILCHAR SADAR,
            DISTRICT- CACHAR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            THROUGH-
            THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            GENERAL ADMIRATION DEPARTMENT,
            DISPUR, GUWAHATI,
            PIN- 781006.

            2:THE DEPUTY COMMISSIONER
             CACHAR
             SILCHAR
             DISTRICT- CACHAR

            ASSAM
            PIN- 788001

Advocate for the Petitioner   : MR. R MAJUMDAR

Advocate for the Respondent : GA, ASSAM
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                                      BEFORE
                       HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 20.03.2023

None appears on behalf of the petitioner on call. I have heard Mr. D. Borah, the learned Standing counsel appearing on behalf of the respondent No.2.

Mr. D. Borah, the learned Standing counsel submits that the petitioner was placed under suspension on 15.02.2022 pending drawal of Departmental Proceedings. He further submitted that Show Cause notice was issued and pursuant thereto, the petitioner has also submitted the reply. Thereupon, on 05.07.2022 the Enquiry Officer as well as the Presenting Officer was appointed. He submitted that although as per the order dated 05.07.2022, there was a direction to complete the enquiry and submit the report within 15 days positively but on account of the fact that the records relates to different offices viz. Sadar Police Station, Settlement Office, Registration Office etc., there has been a delay in the process. This Court has made an enquiry as to whether there has been review to the suspension order.

The learned Standing counsel for the respondents submits that as per his telephonic instructions, there has been no review however he would like to take concrete instructions in the matter.

Accordingly, let the matter be listed again on 27.03.2023 on which date, Mr. D. Borah, the learned Standing counsel shall apprise this Court as regards the present status of the enquiry as well as, as to whether there has been a review to the suspension order which is the requirement in terms with paragraph No.21 of the judgment of the Supreme Court in the case of Ajay Page No.# 3/3

Kumar Choudhary Vs. Union of India reported in (2015) 7 SCC 291.

The instructions so submitted by Mr. D. Borah, the learned Standing counsel is kept on record and marked with the letter "X".

JUDGE

Comparing Assistant