DEBAZEET DEB RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Das, learned senior counsel assisted by Ms. K. Phukan, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Standing counsel for the respondents.

(2.) Assailing the order of suspension dated 19.05.2020 and praying for his reinstatement, the petitioner, who was then posted as Head Assistant in service in the office of the respondent no.5, has filed this writ petition under Article 227 of the Constitution of India.

(3.) The learned Senior counsel for the petitioner has referred to the statements made in the writ petition and has stated that by the impugned order dated 19.05.2020, the Additional Chief Engineer, PWRD, Barak Valley Zone, Silchar (respondent no.3) had suspended the petitioner on the ground on negligence of duty, misuse of official power, etc. This was followed by serving a show-cause notice dated 20.05.2020 to which the petitioner had submitted his reply dated 30.06.2020. Thereafter the respondent no.3 issued a second show-cause notice dated 14.09.2020 on the petitioner. It is further submitted that in their affidavit-in-opposition although the respondents had portray existence of many complaints and adverse orders, the impugned suspension order dated 19.05.2020 is continuing to operate against the petitioner without any review and without drawing/initiating departmental proceeding. It is also submitted that although the respondents have annexed copy of speaking order dated 14.08.2020, 30.09.2020 and 20.11.2020 as Annexures Z1, Z2 and Z3 to the affidavit-in-opposition, the copy of the said three annexures was never communicated to the petitioner at any point of time. In support of his submissions, the learned senior counsel has relied on the following cases: (1) Ajay Kumar Choudhary Vs. Union of India and ors., 2015 7 SCC 291 , (2) Atfur Rahman Vs. State of Assam and ors,2019 6 SCC 460 .