Dibya Jyoti Bora vs The State Of Assam And 2 Ors
2023 Latest Caselaw 1987 Gua

                                                                       Page No.# 1/3

GAHC010089442023




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

                                 Case No. : WP(C)/2352/2023

            DIBYA JYOTI BORA
            S/O LATE BIPIN BORA, R/O TOWN-TELIAGAON, P.O.-ITACHALI, P.S.-
            NAGAON (SADAR), PIN-782003, DIST-NAGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
            JUDICIAL DEPARTMENT, DISPUR, GUWAHATI-781006

            2:GAUHATI HIGH COURT
             REPRESENTED BY THE REGISTRAR GENERAL (VIGILANCE)
             MAHATMA GANDHI ROAD
             GUWAHATI-781001
            ASSAM

            3:DISTRICT AND SESSIONS JUDGE
             NAGAON
             NAGAON
             PIN-782001
            ASSA

Advocate for the Petitioner   : MR. M SARMA

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

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                         ORDER

Date : 15.05.2023

Heard Mr. M. Sarma, learned counsel for the petitioner; Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent no. 1; and Mr. H.K. Das, learned Standing Counsel, Gauhati High Court for the respondent nos. 2 & 3.

2. The petitioner is serving as a Computer Typist in the establishment of the respondent no. 3 pursuant to his appointment on 22.08.2017. By an order dated 03.01.2023 [Annexure-A], the petitioner was placed under suspension with immediate effect pending preliminary enquiry by the respondent no. 3. The period of suspension stood extended for another 3 [three] months by another order dated 31.03.2023 passed by the respondent no. 3 in contemplation of initiation of departmental proceeding against him.

3. It is contended that he has been placed under suspension purportedly on receipt of two anonymous complaints, dated 02.01.2023 [Page 19] and dated 03.01.2023 [Page 22]. The learned counsel for the petitioner has contended, by referring to an Office Memorandum dated 18.10.2013 of the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, Government of India [Annexure-F]; a Communication bearing no. HC.XV.37/2014/35/RV dated 27.03.2017 of the Court; and the Judgment and Order dated 10.09.2021 rendered in a writ petition, W.P.[C] no. 2877/2021 [Annexure-G], that the placement of the petitioner under suspension on the basis of two anonymous complaints is unsustainable in law.

4. Issue notice, returnable on 12.06.2023.

Page No.# 3/3

5. As Mr. Goswami, learned Junior Government Advocate, Assam has appeared and accepted notice on behalf of the respondent no. 1 and Mr. Das, learned Standing Counsel, Gauhati High Court has appeared and accepted notice on behalf of the respondent nos. 2 & 3, no formal notices need to be issued to the said respondents. Mr. Sarma, learned counsel for the petitioner shall, however, furnish requisite nos. of extra copy of the writ petition along with annexures, to Mr. Goswami and Mr. Das within 3 [three] working days from today.

6. The respondents shall file their responses on or before the next date of listing.

7. The prayer for interim relief will be considered on the returnable date.

JUDGE

Comparing Assistant