Gauhati High Court
Pritom Barua vs The State Of Assam And 2 Ors on 15 May, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010094602024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2479/2024
PRITOM BARUA
S/O- LATE ROHINI KUMAR BARUA,
RUPNAGAR, WARD NO- 26, H.NO-13, BYE LANE NO-3, P.S- BHANGAGARH,
GUWAHATI-32, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EXCISE DEPARTMENT, DISPUR, GUWAHATI
2:THE JOINT SECRETARY
TO THE GOVT. OF ASSAM
EXCISE DEPARTMENT
DISPUR
GUWAHATI
3:THE INQUIRY OFFICER
SECRETARY TO THE GOVT. OF ASSAM
EXCISE DEPARTMENT
DISPUR
GUWAHAT
Advocate for the Petitioner : MR. M SMITH
Advocate for the Respondent : SC, EXCISE DEPTT.
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BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
15.05.2024
Heard Mr. A.C. Borbora, learned Sr. counsel assisted by Mr. M. Smith,
learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing
Counsel, Excise.
2. This writ petition has been filed by the petitioner who is employed as a
Deputy Superintendent of Excise, Government of Assam. The petitioner was
taken into custody pursuant to an FIR lodged and was in custody for more than
48 hours. Subsequently, however, the petitioner was released on bail. Since the
petitioner was in custody for more than 48 hours, disciplinary proceedings have
been initiated by issuance of show-cause notice dated 16.09.2022 with the
charges detailed in the show cause notice. The petitioner was also placed under
suspension w.e.f 30.08.2022 vide order No. EX.256/93/27 dated 03.09.2022.
3. The learned Sr. counsel for the petitioner submits that pursuant to the
investigation pursuant to the FIR lodged, the charge-sheet was filed and the
matter is presently under trial. Meanwhile, the Department pursuant to the
show cause notice, proceeded with the departmental enquiry. The Enquiry
Officer concluded the enquiry and the enquiry report was submitted before the
disciplinary authority. That apart, the suspension of the petitioner has also not
been reviewed as is required under the law as well as the Office Memorandum
dated 04.02.2020. The learned Sr. counsel relying the Judgment of the Apex
Court in Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd and Anr, reported in
(1999) 3 SCC 679 submits that while there is no bar for simultaneous
continuance of disciplinary proceedings and criminal trial however, where both
the disciplinary proceedings and the criminal trial are based on same and similar
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charges, it is advisable to stay the disciplinary proceedings till the conclusion of
the criminal proceedings.
He submits that this writ petition has been filed challenging the
disciplinary proceedings as being contrary to the provisions of law by completing
the proceedings in undue haste and the authorities ought to have kept in
abeyance the disciplinary proceedings during the trial which is presently pending
against the petitioner in Crime Branch P.S. Case No. 08/2022 under Sections
354/354A (i) (ii) IPC read with Section 10 of the POCSO Act, 2012. It is
submitted that if the disciplinary proceedings are allowed to continue any
further there is apprehension of suffering grave injustice by the petitioner. No
witnesses were examined only the Investigating Officer was examined and his
statement was recorded. On that being, the Enquiry Officer submitted his report
holding the charges to be proved against the petitioner. The matter is presently
before the disciplinary authority. It is further submitted that as required under
law, the review of the suspension of the petitioner having not been undertaken
and petitioner having been suspended for more than 90 days, further
continuance of suspension is illegal and contrary to law.
4. Mr. I. Borthakur, learned Standing Counsel, Excise Department submits
that at this stage he requires some time to complete his instructions and file
necessary counter.
5. Accordingly, let Notice be issued, Returnable in four weeks.
6. Since Mr. Borthakur, learned Standing Counsel represents the Excise
Department, Notices are waived. However, extra copies be furnished within one
week from today.
7. Till the next returnable date, the Disciplinary Authority in the Department
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of Excise, Government of Assam will not proceed to pass any final order on the
enquiry report which is submitted by the Enquiry Officer.
8. The pendency of the writ petition shall not be a bar to review the
suspension of the writ petitioner. The other prayers made in the writ petition will
be considered upon the reply being filed by the respondents on the next date.
9. List again on 10.06.2024.
JUDGE
Comparing Assistant
