Gauhati High Court
Gitanjali Deka Das vs The State Of Assam And 2 Ors on 13 August, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
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GAHC010129702024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3385/2024
GITANJALI DEKA DAS
W/O- SRI DEBAJIT DAS,
RESIDENT OF VILL- BALIKARIA,
P.S.- NALBARI, DIST.- NALBARI,
ASSAM, PIN- 781335.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF
ASSAM,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE DEPUTY COMMISSIONER
KAMRUP
AMINGAON
PIN- 781031.
3:THE CIRCLE OFFICER
KAMALPUR REVENUE CIRCLE
PIN- 781380
Advocate for the Petitioner : MR. J PATOWARY, MR. R BARTHAKUR
Advocate for the Respondent : SC, REVENUE, GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
13.08.2024
Heard Shri J. Patowary, learned counsel for the petitioner. Also heard Shri
T.C. Chutia, learned Addl. Senior Government Advocate, Assam and Ms. G.
Hazarika, learned Standing Counsel, Revenue Department.
2. The matter relates to a challenge to an order of suspension from service. It
is the specific allegation that there was no periodic review of the suspension
order dated 05.04.2023.
3. When the matter was listed on the last occasion i.e., 29.07.2024, this Court
was informed that the enquiry was over and the second Show Cause Notice was
also responded to by the petitioner. Under those conditions, on the prayer made
on behalf of the respondents, 15 days time was granted to pass final orders
with a further observation that in case no final orders are passed within the said
time, the petitioner can revive the prayer for revocation of the order of
suspension.
4. Shri T.C. Chutia, learned Addl. Senior Government Advocate, Assam has
however submitted that though instructions were given for completion of the
Disciplinary Proceeding in terms of the earlier order, some more time has been
prayed for. The allegations prima facie pertains to illegal gratification in
connection with which, the petitioner was arrested. More than a year has
passed since the order of suspension and it is a matter of serious concern that
the departmental proceeding is not yet over.
5. In view of the aforesaid facts and circumstances and the observations
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made by this Court in the last order dated 29.07.2024, this Court has no other
option but to examine the validity / legality of the suspension order dated
05.04.2023.
6. The law is well settled in this field by a catena of judgments of the Hon'ble
Supreme Court including the case of Ajay Kumar Choudhary Vs. Union of
India & Anr., reported (2015) 7 SCC 291.
7. The aforesaid principles laid down in the case of Ajay Kumar Choudhary
(supra) came up for consideration before a Division Bench on the aspect as to
whether in case of a deemed suspension, the same principles would apply. In
the said case of Rakibuddin Ahmed vs. State of Assam, reported in 2019
(5) GLT 600, the Hon'ble Division Bench has held that the same rigours would
also be applicable for a case of deemed suspension under Rules 6 (2) of the
Assam Services (Discipline and Appeal) Rules, 1964.
8. In view of the aforesaid facts and circumstances, the order of suspension
dated 05.04.2023 is interfered with.
9. The petitioner is accordingly directed to be reinstated in the service.
However, considering the seriousness of the allegations, the respondents would
be at liberty to post the petitioner in any non-sensitive post.
10. The present direction for interference with the order of suspension shall
not cause any prejudice in completion of the disciplinary proceeding in
accordance with law.
11. Writ petition accordingly stands disposed of.
JUDGE
Comparing Assistant
