Sri Mofidul Islam vs The State Of Assam And Anr
2025 Latest Caselaw 1120 Gua

Gauhati High Court

Sri Mofidul Islam vs The State Of Assam And Anr on 18 July, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                        Page No.# 1/3

GAHC010148012025




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

                                 Case No. : WP(C)/3956/2025

            SRI MOFIDUL ISLAM
            SON OF LATE NAZIR HAQUE, RESIDENT OF FLAT NO. 2 C, SARAIGHAT
            APARTMENT, JALUKBARI GUWAHATI - 781014.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
            SOIL CONSERVATION DEPARTMENT, DISPUR, GUWAHATI - 781006.

            2:THE SECRETARY
            TO THE GOVT. OF ASSAM
             SOIL CONSERVATION DEPARTMENT
             DISPUR
             GUWAHATI - 781006

Advocate for the Petitioner   : MR. R M DEKA, N GAUTAM,MR. TANUZ KASHYAP

Advocate for the Respondent : SC, SOIL CONSERVATION DEPTT.,
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                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

18.07.2025

Heard Mr. K.N.. Choudhury, learned Senior Counsel assisted by Mr. R.M. Deka, learned counsel for the petitioner.

The petitioner is aggrieved by the impugned order dated 13.06.2025, whereby the petitioner has been placed under suspension due to investigation/inquiry/trial of two criminal cases pending against the writ petitioner by invoking the provision of Rule 6(1)(c) of the Assam Services (Discipline & Appeal), Rules of 1964.

The learned Senior Counsel for the petitioner submits that earlier on the same very ground the petitioner was suspended and it was assailed before this Court by filing WP(C) No. 2990 of 2023 and a Co-ordinate Bench of this Court by judgment and order dated 23.06.2023 in view of the law laid down in Ajay Kumar Choudhury -vs- The Union of India & Ors reported in 2015(7) SCC 291 interfered with the suspension order as no positive action or any reasoned order was passed as the petitioner was placed under protracted suspension nor the proceedings against the petitioner have been completed and the suspension order was interfered with. Pursuant to this, the impugned order has been passed again on the same ground and the petitioner has been placed under suspensions again.

Mr. S.R. Rabha, learned Standing Counsel, Soil Conservation Department Page No.# 3/3

submits that the instructions are necessary in the matter. He therefore, prays for three weeks time.

Considering the issues involved, let notice issue returnable on 22.08.2025.

Since the respondents are represented by Mr. S.R. Rabha, learned Standing Counsel, Soil Conservation Department, notices are waived. However, extra copies be furnished within a period of one week from today.

Matter be listed on 22.08.2025.

Till the next date fixed the impugned order dated 13.06.2025 shall remain stayed.

JUDGE

Comparing Assistant