ANJU RANI BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India presents a challenge to the notification dated 3.9.02 passed by the Respondent No. 2 placing the petitioner under suspension in exercise of powers under Rule 6( 1) of the Assam Services (Discipline and Appeals) Rules, 1964 (hereinafter referred to as the 'Rules')

(2.) I have heard Mr. P. G. Baruah, Sr. Advocate assisted by Mr. R. Baruah learned counsel for the petitioner and Mr. H.K. Mahanta, learned State counsel for the respondents.

(3.) The fasccule of facts can be presented thus. The petitioner on being selected by the Assam Public Service Commission was appointed as Superintendent of Taxes and she joined the said post on 26.5.92 and was initially attached to the Office of the Commissioner of Taxes, Dispur, Guwahati. She was thereafter transferred to Barpeta Road where she joined on 2.4.93. Thereafter she was transferred to Barpeta Town on 6.6.97. According to her, she rendered her duties honestly and sincerely resulting in augmentation of State revenue. While the matter rested at that by the impugned notification dated 3.9.02 the petitioner was placed under suspension in contemplation of a disciplinary proceeding against her. With reference to the impugned order of suspension the stand taken by the petitioner is that the purported enquiry on the basis of which the same has been passed was conducted behind her back and no opportunity of hearing was provided to her. She has maintained that there is no factual basis in support of the impugned order and that the same is also violative of Rule 6(1) of the Rules as it does not contain reasons in support of the decision of placing her under suspension. It has been further contended that for not being communicated with the reasons in support of the impugned order of suspension she has been deprived of her right under Rule 6 (5) of the Rules to move the appropriate authorities to review the decision.