BIJIT BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. S. Bora, learned counsel for the authorities under the BTC and Ms. S. Sarma, learned counsel for the Health Department.

(2.) The petitioner states that he was appointed to the post of grade-IV as Chowkidar in the J.C.B. Civil Hospital, Kajalgaon, Chirang District in Assam on 30.09.2013 on a compassionate ground. It is stated by the petitioner that on 08.04.2020, a lady namely Ranjita Basumatary had lodged a false FIR against him in the Dhaligaon Police Station registered as Dhaligaon P.S. Case No. 86/2020 on the allegation that the petitioner had sexually assaulted the lady while she was on duty on the same hospital. Consequent thereof, the petitioner was arrested and upon being detained for 1 (one) month, he was released on bail on 02.05.2020. Upon being released on bail, the petitioner submitted a representation dated 08.07.2020 before the Director of Health Services, Kokrajhar.

(3.) Although this writ petition is instituted with a prayer that in the resultant circumstance, he be allowed to resume his duty as grade-IV employee, as Chowkidar, but an alternative prayer is also made that the representation dated 08.07.2020 be given a consideration. When the matter is moved, Mr. M.U. Mahmud, learned counsel for the petitioner urges upon the alternative prayer that the representation be considered without for the time being insisting upon the first prayer to allow him to resume his duties.