STATE OF ASSAM Vs. MRIGEN HALOI

JUDGEMENT

(1.) The present appeal has been preferred against the order dated 28.11.2019 passed by the Ld. Single Judge in WP(C) No. 8229/2019 by which the Ld. Single Judge set aside the suspension order dated 15.06.2019 of the respondent [writ petitioner in WP(C) 8229/2019] and the subsequent notifications dated 08.11.2019 and 27.11.2019, continuing the suspension as being not sustainable in law, on the ground that there was no review of the suspension within 90 (ninety) days from the date of suspension but the review was held after 145 (one hundred and forty five) days which was not permissible.

(2.) The writ petitioner/respondent herein was appointed as an Agricultural Development Officer, Govt. of Assam on the recommendation of the Assam Public Service Commission (APSC) vide order dated 17.03.2016 and was posted at Bengtol Circle, Chirang under the BTC, Kokrajhar.

(3.) On a complaint made by one of the unsuccessful candidates in the selection process for the said post, an FIR was lodged in the Bhangagarh Police Station, which was registered as Bhangagarh Police Station Case No. 159/2017 under Sections 120(B)/420/468 of the IPC read with Sections 7/13(1)(a)(d)(iii)/13(2) of the Prevention of Corruption Act, 1988 and the petitioner was arrested in connection with the said case on 09.05.2019 and was detained in custody for more than 48 (forty eight) hours. Though the petitioner was subsequently released on bail on 26.07.2019, as his detention was for more than 48 hours, he was deemed to be placed under suspension and in fact, to that effect an order was passed on 15.06.2019 in exercise of powers conferred under Section 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964 with effect from the date of his arrest on 09.05.2019.