Pranjal Mandal vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4650 Gua

                                                                Page No.# 1/4

GAHC010255572023




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

                         Case No. : WP(C)/6597/2023

         PRANJAL MANDAL
         SON OF RAM NATH MANDAL,
         R/O- VILL- NAKUCHI PATHAR,
         P.O.- NAKUCHI PATHAR,
         P.S.- PATACHARKUCHI,
         DIST.- BAJALI/ BARPETA,
         ASSAM.


         VERSUS


         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM,
         REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR,
         GUWAHATI- 781006.


         2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC.
         ASSAM
          BAMUNIMAIDAM
          GUWAHATI
          PIN- 781021.


         3:THE DEPUTY COMMISSIONER/ ADDL. DEPUTY COMMISSIONER
          (I/C) BAJALI
          IN THE DISTRICT OF BAJALI
         ASSAM
         PIN- 781325.


         4:THE CIRCLE OFFICER CUM DDO
                                                                       Page No.# 2/4

            SARUPETA REVENUE CIRCLE
            BAJALI
            DISTRICT- BAJALI
            ASSAM
            PIN- 781352


Advocate for the Petitioner   : MR B SARKAR


Advocate for the Respondent : SC, REVENUE




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

Date : 17-11-2023

No one appears for the petitioner on call. The cause list do not reflect

the name of the counsel for the petitioner.

The petitioner has prayed for setting aside the suspension order, on the

ground that no review for extension of the same has been done within 90 days,

in terms of the judgment of the Supreme Court in Ajay Kumar Choudhary

vs. Union of India through its Secretary & Anr ., reported in (2015) 7

SCC 291 and the Division Bench judgment of this Court in Rokibuddin

Ahmed vs. State of Assam, reported 2020 (2) GLR 621.

Mr. D Borah, learned counsel for the respondent Nos. 3 & 4 and Mr. S

Dutta, learned counsel for the respondent Nos. 1 & 2 submit that in terms of the

judgment of this Court in Rafed Ali Ahmed vs. State of Assam & Ors. in Page No.# 3/4

WP(C) No. 455/2023, which has dealt with the effect of the judgments of the

Supreme Court in Ajay Kumar Choudhary (supra) and the Division Bench

judgment of this Court in Rokibuddin Ahmed (supra), coupled with Rule 6(2)

of the Assam Services (Disciplinary and Appeal) Rules, 1964, a Government

servant would have to be considered to be under suspension during the entire

period he is in custody. As such, the time limit given for review, for extension of

the suspension order pursuant to the judgment of the Supreme Court in Ajay

Kumar Choudhary (supra) and the Division Bench judgment of this Court in

Rokibuddin Ahmed (supra) would only be applicable from the date the

Government servant is released on bail and the same is intimated to the

authorities.

In this case, the petitioner was placed under suspension on 07.07.2023 due

to his arrest in connection with Patacharkuchi P.S. Case No. 293/2023 under

Sections 379/411 of the IPC (GR No. 333/2023). The petitioner informed the

authorities on 11.09.2023 that he had been released on bail and prayed for

setting aside the suspension order. No show cause notice/Memo of charge has

been issued to the petitioner till date. It thus appears that the 90 days period

for review is not over.

As no one appears for the petitioner, which appears due to the reason Page No.# 4/4

stated above, list the matter on 20.11.2023.

JUDGE

Comparing Assistant