Parag Borah vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4652 Gua

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GAHC010205612023




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

                                 Case No. : WP(C)/5477/2023

            PARAG BORAH
            S/O LT. BAGIRAM BORAH LOT MANDAL THELMARA REVENUE CIRCLE
            SONITPUR ASSAM PIN 784149 R/O VILL. GHARAPORA CHUBURI P.O. AND
            P.S. TEZPUR DIST. SONITPUR ASSAM


            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
            REVENUE DEPTT DISPUR GUWAHATI 6


            2:THE DIRECTOR OF LAND RECORDS AND SURVEYS
             RUPNAGAR GUWAHATI PIN 781032


            3:THE DEPUTY COMMISSIONER
             SONITPUR
            TEZPUR
            ASSAM PIN 784001


            4:THE CIRCLE OFFICER
            THELAMARA REVENUE CIRCLE
             SONITPUR ASSAM PIN 78414


Advocate for the Petitioner   : MR. N BORAH

Advocate for the Respondent : GA, ASSAM
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

Date : 17-11-2023

Heard Mr. N Borah, learned counsel for the petitioner. Also heard Mr. R Dhar, learned counsel for the respondent Nos. 3 & 4 and Mr. J Handique, learned counsel for the respondent Nos. 1 & 2.

The petitioner has prayed for setting aside the suspension order. The facts of the case in brief is that the petitioner was arrested in connection with ACB PS Case No. 20/2023 on the ground that he had demanded a sum of Rs.15,000/- as bribe. The petitioner was arrested on 23.03.2023 and sent to judicial custody. During his judicial custody, the petitioner was placed under suspension vide order dated 04.04.2023. The petitioner was released on bail on 25.04.2023 and he informed his superior authorities with regard to the said fact on 17.05.2023.

The petitioner's counsel submits that though review of his suspension order had been undertaken by the respondents allegedly on 05.07.2023, he was communicated with the decision made in the review only on 14.11.2023. He submits that as the decision taken in the review for extension of his suspension order had not been communicated to him within three months from the date of his suspension by the State respondents, the suspension order would not survive and the same would have to be set aside. In support of his submission, he has relied upon the judgment of the Supreme Court in the case of Ajay Kumar Choudhury vs. Union of India, reported in (2015) 7 SCC 291 as well as the Division Bench judgment of this Court in State of Nagaland & Ors. vs. Chubanungsang Imchen & Anr., reported in 2019 (5) GLT 444.

Mr. R Dhar, learned counsel for the respondent Nos. 3 and 4 submits that Page No.# 3/3

show cause notice was issued to the petitioner on 01.06.2023 and written statement of defense has been submitted by the petitioner on 12.06.2023.

On the prayer of the parties, list the matter again after 3 (three) weeks. In the meantime, Mr. R Dhar, learned counsel for the respondent Nos. 3 and 4 may submit affidavit-in-opposition.

JUDGE

Comparing Assistant