MD. ABDUL QUDDUS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G.Z. Ahmed, the learned counsel for the petitioner. Also heard Mr. P.P. Dutta, representing the State Police Accountability Commission, Assam.

(2.) The petitioner is aggrieved by the two orders of the learned State Police Accountability Commission (hereinafter referred to as the Commission) i.e. orders dtd. 17/5/2010 (Annexure-23 to the writ petition) and dtd. 12/7/2010 (Annexure-25) passed in SPAC Case No. 52/2008.

(3.) By the said order dtd. 17/5/2010, the learned Commission has taken a view that the higher authority in police department should take up an appropriate measure for conducting criminal prosecution under the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act1988) against the petitioner. The Commission also, by way of the said order expressed its view that it would be appropriate to ensure that Departmental proceeding be initiated against the petitioner by the Director General of Police. However, the Commissioner was pleased to await for departmental view from the Director General of Police and any additional or new facts within three weeks from the order dtd.17/5/2010, before finalizing of its own order.