GUWAHATI, India, Oct. 2 -- Gauhati High Court issued the following order on Sept. 2:
1. The present petition under Article 226 of the Constitution of India is preferred inter-alia to assail a Suspension Order dated 15/19.06.2023 and for a direction to the respondent authorities to reinstate the petitioner in service by revoking the Suspension Order dated 15/19.06.2023. A direction has also been sought for grant of enhanced subsistence allowance @ 75% for the period beyond initial three months as the petitioner has only been paid subsistence allowance @ 50% till the date of preferring the writ petition.
2. The necessary and relevant events leading to the filing of the writ petition can be narrated, in brief, at first.
3. The petitioner, on 15.06.2023, was serving as a Lat Mondal, which post is subsequently redesignated as Land Record Assistant, under Bhuragaon Revenue Circle, District - Morigaon. For allegedly accepting a bribe amount of Rs. 20,000/- the petitioner was arrested on 15.06.2023 pursuant to a trap laid by officials from the ACB Police Station. The trap proceeding was contemplated on filing of a complaint by one Faizuddin before the Deputy Commissioner, Morigaon on 08.06.2023. On the basis of the complaint lodged by the complainant, Faizuddin, a case, ACB Police Station Case no. 43/2023 was registered and the petitioner was arrested during the course of investigation of ACB Police Station Case no. 43/2023. On an application filed for bail, the Court of learned Special Judge, Assam, Guwahati after hearing the learned counsel for the parties and upon perusal of the materials on record, allowed the prayer for bail by an Order dated 15.07.2023.
4. After the petitioner was arrested on 15.06.2023, the respondent no. 2, that is, the Deputy Commissioner, Morigaon passed the impugned Order of Suspension on 15/19.06.2023 pending drawal of disciplinary proceeding against the petitioner. The Order of Suspension was made in exercise of the powers conferred by the Assam Services [Discipline and Appeal] Rules, 1964 ['the 1964 Rules', and/or 'the Rules, 1964', for short] without quoting the specific rule. The Order of Suspension mentioned that the suspension would come into effect immediately and the same was passed following receipt of a report from the Investigating Officer, ACB Police Station, O/o the Director of Vigilance & Anti-Corruption, Assam in connection with ACB Police Station 43/2023.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x9575m2EHUyr7%2FreI3T%2FJAZiLUwk5%2Ff34%2BAJyoVRXtxK&caseno=WP(C)/4291/2025&cCode=1&cino=GAHC010168402025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
