Barasha Borah Bordoloi vs The State Of Assam And 5 Ors
2023 Latest Caselaw 1848 Gua

                                                                    Page No.# 1/3

GAHC010243622022




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

                                 Case No. : WP(C)/7768/2022

            BARASHA BORAH BORDOLOI
            W/O LT. DHARANI BORDOLOI, R/O AMAR ENCLAVE FLAT NO. D-41,
            SURVEY BELTOLA GUWAHATI-28 P.O. BELTOLA AND P.S. BASISTHA DIST.
            KAMRUP (M) ASSAM



            VERSUS

            THE STATE OF ASSAM AND 5 ORS
            REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EXCISE
            DEPP. DISPUR GUWAHATI-6

            2:THE COMMISSIONER AND SECRETARY
            TO THE GOVT. OF ASSAM EXCISE DEPP. DISPUR GUWAHATI-6

            3:THE SECRETARY
            TO THE GOVT. OF ASSAM EXCISE DEPP. DISPUR GUWAHATI-6

            4:THE ADDITIONAL CHIEF SECRETARY
            TO THE GOVT. OF ASSAM EXCISE DEPP. DISPUR GUWAHATI-6

            5:THE COMMISSIONER OF EXCISE
            ASSAM
             HOUSEFED COMPLEX DISPUR GUWAHATI-6

            6:THE DEPUTY COMMISSIONER
             MORIGAON
            ASSA

Advocate for the Petitioner   : MR. J I BORBHUIYA

Advocate for the Respondent : SC, EXCISE DEPTT.
                                                                                    Page No.# 2/3




                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                         ORDER

09.05.2023

Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner and Mr. R.R. Gogoi,

learned counsel for the Excise Department.

2. The petitioner's case is that he was arrested by the police on 29.07.2022 and

vide notification dated 02.08.2022, the petitioner was placed under suspension in

pursuance to Rule 6(1) of the Assam Services (Disciplinary & Appeal) Rules, 1964 with

effect from his date of detention i.e., 29.07.2022. The petitioner was enlarged on bail

on 14.09.2022 and the petitioner approached the respondents on 30.09.2022 and

21.11.2022 for reinstatement. The petitioner's case is that show cause notice was

issued to him only on 10.12.2022, i.e., beyond the 90 days period provided by the

Apex Court in Ajay Kumar Choudhary V. Union of India & Anr , reported in 2015

7 SCC 291. He submits that in terms of the judgment in Ajay Kumar Choudhary

(supra) and the Division Bench judgments of this Court, wherein it was held that the

judgment of the Apex Court would apply to cases of deemed suspension, the petitioner

should be reinstated into service after setting aside the suspension order.

3. The petitioner's counsel submits that no review of the petitioner's suspension

has been undertaken by the authorities within the 90 days period, as was required by

the Apex Court in Ajay Kumar Choudhary V. Union of India & Anr. (supra).

Page No.# 3/3

4. Mr. R.R. Gogoi, learned counsel for the Excise Department submits that the

show cause notice was issued to the petitioner on 23.08.2022. As the show cause

notice was issued prior to completion of 90 days from the date of his suspension, the

case of Ajay Kumar Choudhary V. Union of India & Anr. (supra) would not be

applicable to the facts of this case. He also submits that the period spent by the

petitioner in jail cannot be counted for computing the 90 days period.

5. On considering the submissions made by the learned counsels for the parties,

Mr. R.R. Gogoi shall produce the official records and indicate as to the manner in

which, the show cause notice was sent to the petitioner.

List the matter on 18.05.2023.

JUDGE

Comparing Assistant