Jakir Hussain vs The State Of Assam And Anr
2023 Latest Caselaw 2063 Gua

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GAHC010105182023




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

                                 Case No. : WP(C)/2744/2023

            JAKIR HUSSAIN
            S/O- SURHAB ALI,
            R/O- VILLAGE NALIGAON,
            P.O- NALIGAON,
            P.S- SARTHEBARI,
            DIST- BARPETA, ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6

            2:THE DIRECTOR
             HIGHER EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI-1

Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent : SC, HIGHER EDU


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 19.05.2023

Heard Mr. R Ali, the learned counsel appearing on behalf of the petitioner and Ms. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Page No.# 2/3

respondent Nos. 1 and 2.

2. Issue notice making it returnable on 31.05.2023.

3. It appears on record that the petitioner was arrested pursuant to an FIR dated 30.10.2022 which was registered as Barpeta P.S. Case No.1058/2022 under Section 120B/468/471/420/417 IPC. It further appears that the petitioner was arrested on 24.12.2022. Subsequent thereto, on 06.01.2023, the petitioner was put under suspension in terms with Rule 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964. On 01.02.2023, in Bail Application No.201/2023, the petitioner was released on bail by this Court. Subsequent thereto, on 06.02.2023, the petitioner duly informed the Director of Higher Education that he has been released on bail.

4. The learned counsel for the petitioner drawing the attention of this Court to the judgment in the case of Ajay Kumar Choudhary Vs. Union of India and Another reported in (2015) 7 SCC 291, the Division Bench judgment of this Court

in the case of Rekibuddin Ahmed Vs. State of Assam and Others reported in 2020 (2) GLR 621 as well as the judgment in the case of Rafed Ali Ahmed Vs. State of

Assam and Others reported in 2023 SCC Online Gau 547 has submitted that the

petitioner having informed the respondent authorities on 06.02.2023 and till the filing of the instant writ petition as no Memorandum of Charge/charge sheet has been served upon the petitioner, the further continuation of the suspension order was contrary to the law laid down by the Supreme Court in the case of Ajay Kumar Choudhary (supra).

5. The learned counsel for the respondent Nos. 1 and 2 is directed to obtain instruction as to when the petitioner informed the said authorities that he has been released on bail or is not otherwise in custody or imprisonment.

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6. The learned counsel for the respondents shall also apprise this Court as to whether the Memorandum of Charge/charge sheet has been served upon the petitioner and as to whether there has been compliance to the judgment of the Supreme Court in the Case of Ajay Kumar Choudhary (supra).

7. List accordingly.

JUDGE

Comparing Assistant