Shaheb Uddin vs The State Of Assam And Anr
2023 Latest Caselaw 2099 Gua

                                                                          Page No.# 1/3

GAHC010105202023




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

                                 Case No. : WP(C)/2775/2023

            SHAHEB UDDIN
            S/O- MAHER ALI, R/O- VILL.- KAWAIMARI 11 NO. BLOCK, P.O. NALIGAON,
            P.S. SARTHEBARI, DIST. BARPETA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06.

            2:THE DIRECTOR OF HIGHER EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI-19

Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent : SC, HIGHER EDU




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 22.05.2023

Heard Mr. R. Ali, the learned counsel appearing on behalf of the petitioner. Mr. D. Upamanyu, the learned counsel appears on behalf of the respondent Nos. 1 and 2.

Page No.# 2/3

2. Issue notice making it returnable on 2nd of June, 2023.

3. As the respondent Nos. 1 and 2 are duly represented by Mr. D. Upamanyu, the learned counsel, extra copies of the writ petition be served upon him during the course of the day.

4. The case of the petitioner herein is that the petitioner was arrested on 23/12/2022 in connection with Barpeta P.S. Case No. 1058/2022 registered under Sections 120(B)/468/471/420/417 IPC.

5. Subsequent thereto on 6th of January, 2023, the Director of Higher Education had placed the petitioner under suspension in exercise of the powers under Rule 6(2) of the Assam Service(Discipline and Appeal) Rules, 1964.

6. This Court vide order dated 6/2/2023 passed in Bail Application No. 371/2023 enlarged the petitioner on bail.

7. The petitioner submitted a representation before the respondent No. 2 on 13/2/2023 stating inter alia that he has already been released on bail 6/2/2023 and therefore requested to consider his prayer for reinstatement. It is the case of the petitioner that pursuant to the said notice which was received on 14/2/2023 by the Office of the respondent No. 2, till date neither the memorandum of charge/the chargesheet has not be served upon the petitioner.

8. The learned counsel appearing on behalf of the petitioner therefore submits that in view of the law laid down by the Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India & Anr. reported in (2015) 7 SCC 291 and the judgment of the Division Bench of this Court in the case of Rekibuddin Ahmed Vs. State of Assam & Others reported in 2020 (2) GLR 621 as well as the judgment rendered in the case of Rafed Ali Vs. State of Assam & Others, reported in 2023 SCC Online Gau 547, the further continuation of the suspension order is in contrary to the law laid down by the Supreme Court in the case of Ajay Kumar Page No.# 3/3

Choudhary(supra).

9. The learned counsel appearing on behalf of the respondent Nos. 1 and 2 shall apprise the Court on the next returnable date as to whether the memorandum of charge/the chargesheet has been served upon the petitioner and as to whether there has been compliance to the law laid down by the Supreme Court in Ajay Kumar Choudhary (supra) as well as the Office Memorandum dated 4/2/2020 issued by the Chief Secretary to the Government of Assam.

JUDGE

Comparing Assistant