GAUHATI HIGH COURT ISSUES ORDER ON ARAFAD ALOM BORA V/S THE STATE OF ASSAM AND 2 ORS

GUWAHATI, India, Dec. 20 -- Gauhati High Court issued the following order on Nov. 20:

1. Heard Mr. D. Saraf, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, Revenue for the respondents No. 1 and 2 and Mr. D. Borah, learned counsel for the respondent No.3.

2. Challenge made in this petition is to the order of suspension dated 07.02.2024 passed by District Commissioner, Biswanath, whereby, the petitioner has been placed under suspension in connection with Vigilance and AntiCorruption, Assam Case No. ACB PS Case No. 14/2024 under Section 7(a) PC Act, 1988 (as amended in 2018) and for a direction to reinstate the petitioner on the ground that even after submission of charge-sheet/memorandum of charges, the petitioner has been continued to be placed under suspension without passing a reasoned order extending the period of suspension.

3. The petitioner was appointed as Lot Mandal in the Office of the Circle Officer, Naduar Revenue Circle, Sootea under the then Sonitpur District (now Biswanath District) on 23.03.2023. He was arrested in connection with ACB PS Case No. 14/2024 under Section 7(a) PC Act, 1988 on the basis of ejahar filed by one Aliullah Ahmed alleging of accepting Rs.2000/- as bribe.

4. The District Commissioner, Biswanath vide an order dated 07.02.2024, placed the petitioner under suspension under Rule 6(2) of Assam Services (Discipline and Appeal) Rules, 1964 in connection with the ACB PS Case No. 14/2024 under Section 7(a) PC Act, 1988. The petitioner was granted bail vide order 06.03.2024 and accordingly was released on the same day. The petitioner filed an application before the authority for revocation of his suspension order and to reinstate him in the service on the ground he has been released on bail.

5. The respondent authority issued a show-cause notice dated 27.03.2024 and served the memorandum of charges/charge-sheet to the petitioner. Pursuant thereto, the petitioner submitted his reply on 10.04.2024. Thereafter, the departmental proceedings ensued. However, as on today, it has not been brought to its logical conclusion as no order has been passed by the respondent authorities.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqCQ%2FJbzlASD%2BaD%2FiG9LL%2FczFNZyJyFlD5Umd9BbWUrhp&caseno=WP(C)/5479/2024&cCode=1&cino=GAHC010220802024&state_code=6&appFlag=)

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