DIPU DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the two petitions filed under Sec. 482 read with Sec. 401 of the CrPC, are taken up together for hearing and disposal, as it relates to the same subject and sought for quashing of the second FIR dtd. 6/6/2016, on the basis of which the Dispur P.S. Case No.1311/2016, under Sec. 120 (B)/466/468/406 of the IPC and also the charge sheet in GR Case No. 6297/2016.

(2.) Heard Mr. A.M. Bora, learned senior counsel appearing for petitioner Debajit Das in Crl. Petition No.541/2017, Mr. J Pato-wary, learned counsel appearing for petitioner Dipu Dutta in Crl. Petition No.741/2017 and. I have also heard the submission of Mr. N.K. Kalita, learned Addl. Public Prosecutor, Assam representing the State respondent. However none is present today to represent the case of respondent No.2.

(3.) The case of the petitioner, Debajit Das in the Crl. Petition No.541/2017, is that he joined the PWD of Govt. of Assam as an Assistant Engineer (Civil) in the Dhubri Border Roads Division on 13/9/1996 and Mr. Das was promoted to the post of Assistant Executive Engineer (AEE) in the year 2002, along with some others. Thereafter, he was promoted to the ex-cadre post of Executive Engineer (EE) with prior approval and concurrence of the Personnel and Finance Department in the year 2005. On the basis of the selection board held on 27/7/2005, the petitioner was en-cadred and promoted to the post of EE. The said encadrement was made by adhering to the pre-conditions laid down by the Personnel Department and the said recommendation of selection board was approved by the Minister, PWD as well as the Governor of Assam vide notification No. COM.39/2001/PT170 dtd. 3/8/2005. Pursuant to the said encadrement, the then Commissioner and Special Secretary to the Government of Assam, PWD, himself was pleased to fix the petitioner's inter-se-seniority in the cadre of EE (Civil), PWD on 7/10/2005. Further in the year 2011 and 2014, departmental authorities issued necessary notification, publishing final inter-se-seniority of EE, wherein the petitioner's name was figured at Serial No. 52 and there was no objection regarding such fixation of inter-se-seniority from any corner. Subsequently, the selection board recommended the promotion of the petitioner to the post of Superintending Engineer (SE), by virtue of its meeting dtd. 17/10/2014.